Any use of land, building or structure lawfully existing at the time of passage of this title may be continued, even though such use does not conform with the regulations of this title for the zoning district in which it is located. The property owner shall have the burden of establishing the legal existence of a noncomplying structure or nonconforming use. (1998 Code § 17.20.010)

   A.   Conformance Required; Variance: A nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or structural alteration and further use of such property conforms to the requirements of this title for the zoning district in which such property is located, or is granted a variance by the board of adjustment.

   B.   Hearing: The board of adjustment, during the hearing, shall find:

      1.   The addition to, enlargement of, or moving of the building will be in harmony with one or more of the purposes of this title and shall be in keeping with the intent of this title.

      2.   That the proposed change does not impose any unreasonable burden upon the lands and residents located or residing in the vicinity of the nonconforming use or structure. (1998 Code § 17.20.020)

Repairs and structural alterations may be made to a nonconforming building or to a structure housing a nonconforming use. (1998 Code § 17.20.030)

   A.   Permitted: A building or structure occupied on a nonconforming lot which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is commenced within a period of twelve (12) months following the damage or destruction and is diligently pursued.

   B.   Denial Conditions: The county may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure if:

      1.   The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice to the property owner that the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six (6) months; or

      2.   The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use. (1998 Code § 17.20.040)

   A.   A nonconforming use may only be changed to a use allowed in the zoning district in which the property is located by following the use permitting procedures as identified in this title.

   B.   An existing nonconforming lot or parcel shall not be enlarged or modified except to create landscaping, fencing, road widening, or similar improvements that will provide a safer and more compatible facility, or will make the lot a conforming or less nonconforming lot. (1998 Code § 17.20.050)

   A.   Conditions: A nonconforming use may be deemed to be abandoned 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.

   B.   Rebuttal: The property owner may rebut the presumption of abandonment and shall have the burden of establishing that any claimed abandonment has not in fact occurred. (1998 Code § 17.20.060)