Lots, structures, and uses of lots, land, and structures within unincorporated territory of the County which were lawful before the ordinance codified in this chapter was adopted or amended, but which would be prohibited, regulated or restricted under terms of this chapter as amended:

1. May be continued by the current or future owner as legal lots, structures, and uses subject to the provisions of this chapter until such lots, structures, and uses are abandoned, removed, or otherwise no longer legal under this chapter. Timeframe for abandonment is one year.
2. Shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited by this chapter.

(Ord. 13-2007B, Add, 09/25/2007)

If a single lot of record lawfully exists but does conform to the lot area or lot width requirements of the zone in which it is located at the effective date of adoption or amendment of the ordinance codified in this chapter, structures permitted in the zone will be permitted on that lot notwithstanding other limitations imposed by this chapter; provided, however, that:

1. The lot must:
   1. Be in separate ownership;
   2. Not be of continuous frontage with other lots of the same ownership.
   3. Meet other requirements of the zone even if the lot does not meet lot area or lot width requirements of the zone.
2. Lands shall be considered to be an undivided parcel for the purposes of this chapter if:
   1. Two or more lots or combinations of lots and portions of lots of the lands involved having continuous frontage in single ownership are of record at the time of adoption or amendment of said ordinance; and
   2. All or part of the lots do not meet the requirements established for lot width and area.
3. If lots are larger than required by this chapter, the lots may be subdivided into smaller lots except, provided however, that no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this chapter.

(Ord. 13-2007B, Add, 09/25/2007)

The nonconforming use of land which would not be permitted by the regulations imposed by this chapter may be continued so long as it remains otherwise lawful, provided however that:

1. No such nonconforming use which was lawful at the time this chapter was enacted or amended shall:
   1. Be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter and any amendments to it; nor
   2. Moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter or any amendment to it;
2. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located; and
3. No additional non-complying structure in connection with the requirements of this chapter shall be constructed, placed, or erected on the land in connection with such nonconforming use.

(Ord. 5-2009, Amended, 02/12/2010; Ord. 13-2007B, Add, 09/25/2007)

1. If a structure lawfully exists at the effective date of adoption or amendment of the ordinance codified in this chapter that could not be built under the terms of this chapter by reason of restriction on lot area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, that structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
   1. No such non-complying structure may be altered or enlarged in any way which increases its non-compliance, but any structure or portion thereof may be altered to decrease its noncompliance.
   2. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.
2. For the purpose of avoiding undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment to this chapter and which actual building construction has been carried on diligently.
   1. "Actual construction" is defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
   2. If excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction; provided, that the work has been and shall be carried on diligently.
3. A non-complying structure may be reconstructed or restored and the nonconforming use continued if the non-complying structure is involuntarily destroyed in whole or in part as the result of a fire or other calamity subject to the following:
   1. The structure has not been abandoned as described in this chapter.
4. A non-complying structure may not be reconstructed or restored and the nonconforming use continued if the non-complying structure is destroyed voluntarily or involuntarily in whole or in part as the result of any act or action other than involuntarily by fire or other calamity.
5. A property owner may not reconstruct or restore a non-complying structure which has deteriorated to a condition that the structure is rendered uninhabitable and has not been repaired or restored if:
   1. Written notice has been given to the property owner that the structure is uninhabitable and the non-complying structure will be lost if the structure is not restored within one year; and
   2. One year has elapsed since the notice is given and the non-complying structure has not been restored or repaired so as to be habitable.
6. A property owner may not reconstruct or restore a non-complying structure if the owner has voluntarily demolished a majority of the non-complying structure or the building that houses a non-complying use.

(Ord. 5-2009, Amended, 02/12/2010; Ord. 13-2007B, Add, 09/25/2007)

If a use of a structure or structures and premises lawfully exist at the effective date of adoption or amendment of the ordinance codified in this chapter that would not be allowed in the zone under the terms of this chapter, the use may be lawfully continued as long as that use remains otherwise lawful; provided, however, that:

1. No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered, unless the use is changed to a permitted use.
2. Any nonconforming use of a structure may be extended to any other part of that structure designed for such use, but no such use may be extended in any way to occupy another structure or land outside the structure.
3. The nonconforming use of a structure may be changed to another nonconforming use, provided that a conditional use permit is obtained in accordance with this title.
   1. In considering the application for the conditional use permit, the Planning Commission must find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use; and
   2. The Planning Commission may impose appropriate and reasonable conditions.
4. Any structure and land, in or upon which a nonconforming use is superseded by a permitted use or a conditional use permit shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed.
5. A nonconforming use of a non-complying structure may be terminated if that non-complying structure has deteriorated to a condition that the structure is rendered uninhabitable and has not been repaired or restored if:
   1. Written notice has been given to the property owner that the structure is uninhabitable and the non-complying structure will be lost if the structure is not restored within six (6) months;
   2. Six (6) months have elapsed since the notice is given and the non-complying structure has not been restored or repaired so as to be habitable.
6. A nonconforming use of a non-complying structure may be terminated if the property owner has voluntarily demolished a majority of the non-complying structure that houses the non-complying use.

(Ord. 13-2007B, Add, 09/25/2007)

1. Any person claiming that a nonconforming use of a land or a structure has been abandoned shall have the burden of establishing the abandonment.
2. If a nonconforming use land or a structure has been abandoned, that use is terminated.
3. Abandonment may be presumed to have occurred if:
   1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the County regarding an extension of the nonconforming use;
   2. The use has been discontinued for a minimum of one year; or
   3. The primary structure associated with the nonconforming use remains vacant for a period of one year.
4. The property owner may rebut the resumption of abandonment under Subsection C and shall have the burden of establishing that any claimed abandonment has not in fact occurred.

(Ord. 13-2007B, Add, 09/25/2007)

Repairs may be performed on any non-complying structure, or portion of such structure, without terminating the non-conforming use or non-complying structure if:

1. The repairs are part of ordinary maintenance which may include repairs to or replacement of fixture, wiring, plumbing, non-bearing walls;
2. The cost of the repairs or replacement do not exceed ten percent (10%) of the replacement value of the structure in any single calendar year;
3. The size and cubic volume of the structure is not increased; or
4. The repairs are for the purpose of strengthening or restoring to a safe condition a structure or any part of it which has been declared to be unsafe by any County official charged with enforcing and protecting the public safety.

(Ord. 13-2007B, Add, 09/25/2007)