Within the districts established by this ordinance, there exist certain incompatible lots, buildings, structures, signs and uses of land which were lawful before these regulations were adopted but which would be prohibited, regulated or restricted under the terms of these regulations or future amendments. It is the intention of this article to permit these nonconformities to continue, but not to encourage their survival. It is further the intent of these regulations that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for variances or for adding other structures or uses prohibited elsewhere in the same district.

(Ord. of 12-3-2018)

The lawful use of any building, structure, sign, or land existing at the time of enactment of these regulations may be continued, subject to the limitations of section 503, even though such use does not conform with the provisions of these regulations, except that the use of a principal building, structure or land containing a nonconforming use shall not be:

1.

Changed to another nonconforming use;

2.

Reestablished after discontinuance or abandonment for six months;

3.

Expanded, enlarged or extended, unless such use is changed to a use permitted in the district in which such use is located;

4.

Rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction as determined by the planning director or designee, and provided such rebuilding, alteration or repair is completed within one year of such damage;

5.

Moved in whole or in part to any other portion of the lot occupied by such use, except in conformity with these regulations. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure, or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official. Changes in ownership or tenancy of a nonconforming use are permitted.

6.

Notwithstanding anything to the contrary, if the nonconforming use is a manufactured house and the owner desires to replace the manufactured home, the replacement shall comply with all requirements of R3R or RMM and all current development regulations.

(Ord. of 12-3-2018)

A nonconforming building which contains a conforming use may be expanded, enlarged or extended, provided that any such additions meet the applicable yard and building setbacks, buffer and landscape strip requirements and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within which such building is located.

(Ord. of 12-3-2018)

Nothing in this article 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 adoption of this zoning ordinance. However, all such construction must be completed within one year of the adoption of this zoning ordinance and if not, then the nonconforming use shall be deemed abandoned and the plans, construction and designated use must comply with this zoning ordinance.

(Ord. of 12-3-2018)