No building, structure, or land shall hereafter be used, and no building, structure or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered unless in conformity with the regulations set forth by this ordinance.

No structure or parcel or use that initially meets the requirements of this ordinance shall be used or altered in such a way as to cause a violation of any of the standards contained in this ordinance.

All requirements shall apply to an existing conforming use increasing in building area by at least 50 percent.

All legal nonconforming outdoor storage uses (as a primary or accessory use), which existed at the adoption of the zoning ordinance and will remain nonconforming or shall become nonconforming upon the adoption of this ordinance, shall be made to conform to the following minimum provisions for screening of outdoor storage 12 months from the adoption date of this ordinance:

A.

Open storage shall be enclosed by a continuous visual screen provided and maintained as well as buffering requirements found in article 17. The continuous screen shall be wood, brick, or masonry, or chain link with opaque slats and not less than eight feet in height and shall not exceed 12 feet in height.

B.

Materials stored. Materials stored in the open shall not be permanently stacked higher than the required screen.

(Ord. No. 02-08-33, 8-26-2002)

A.

Nonconforming use. The lawful use of the land or buildings existing prior to April 26, 1999, or any zoning amendments adopted since April 26, 1999, may be continued, although the use and/or structure does not conform to the provisions of this chapter. Nonconforming structures may be enlarged, added to, extended or altered structurally up to 25 percent of the original size of the structure as it existed on the effective date of these regulations. However, nonconforming uses and accessory uses relating to a nonconforming use cannot be added to any parcel(s) containing a nonconforming use except as expressly permitted.

B.

No building or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of six months, whether or not the equipment or fixtures are removed, cannot be used again except in conformity with the regulations of the district in which the building or land is located.

C.

The burden of proving "continuous use" is upon the applicant/property owner. The casual, intermittent, temporary or illegal use of land or buildings will not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract will not be construed to establish a nonconforming use on the entire lot or tract. Acceptable documentation for proving continuous use consists of, but is not limited to, the following:

(1)

Proper documentation from an appropriate power/utility company, including monthly consumption and payments;

(2)

Income tax return which references the specific use and location of the business/use;

(3)

Business documents, bill of sales, invoices, contracts, proposals, advertisements, promotional materials, and the like which reference the business/use location;

(4)

Legal affidavits from adjacent property owners, patrons, employees, and the like having knowledge of the continuous operations of the business/use; and

(5)

Applicable federal, state, and/or county licenses and registrations.

D.

Unexpired subdivision plats which have received preliminary plat approval, sites which have received site plan approval or zoning approvals which have been issued in accordance with existing county zoning ordinances will be considered an existing lawful use for a period of one year from the date of the approval.

(Ord. No. 11-05-05, 5-23-2011)

Editor's note— Ord. No. 11-05-05, adopted May 23, 2011, amended § 19.5 in its entirety to read as herein set out. Former § 19.5 pertained to nonconforming land uses and lots and derived from Ord. No. 02-08-33, adopted Aug. 26, 2002; and Ord. No. 04-11-68, adopted Nov. 23, 2004.

Where a lot of record recorded prior to April 26, 1999, has less area or depth than herein required in the district in which it is located, the lot may nevertheless be used for any use permitted within the district in which it is located, provided that yard requirements are reduced no more than the percentage of the nonconformity.

(Ord. No. 11-05-05, 5-23-2011)

Editor's note— Ord. No. 11-05-05, adopted May 23, 2011, amended § 19.6 in its entirety to read as herein set out. Former § 19.6 pertained to visibility at intersections and derived from the original zoning ordinance.

The nonconforming use of a building may hereafter extend throughout those parts of a building which were primarily arranged or designed for the use prior to April 26, 1999, or at the time any zoning amendments affecting the use were adopted.

(Ord. No. 11-05-05, 5-23-2011)

Any nonconforming building or portion thereof may be replaced if razed by fire, natural causes, or other natural disasters, provided, the replacement does not increase the degree of nonconformity in any respect and a zoning approval is issued within six months of the date of the damage. Construction must be completed and the use of the structure resumed within one year from the date of the damage. Any nonconforming building or portion thereof which is not razed by fire, natural causes, or other natural disasters will be required to conform to all applicable development standards upon reconstruction.

(Ord. No. 11-05-05, 5-23-2011)