With the districts established by this Ordinance or amendments that may later be adopted, there exists lots, structures, and use of land and structures in combination which were lawful before this Ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue as established prior to Ordinance adoption.

Except as otherwise provided in this Ordinance, any lawful use, building, or structure existing at the time of an amendment to this Ordinance may be continued even though such use, building, or structure may not conform to this Ordinance's provisions and shall be deemed nonconforming. A change in occupancy or ownership shall not affect the right for the use to continue or the building or structure to remain. A building permit or special use permit lawfully granted before November 10, 2022 shall not be affected by this provision.

In any district, structures may be erected on a nonconforming lot of record at the effective date of adoption or amendment of this Ordinance or land may be used notwithstanding limitations imposed by other provisions of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements, other than those applying to area or width, or both, shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained through the modification or variance processes outlined in Article III of this Ordinance.

A developed nonconforming lot may continue in existence but may not be altered except in accordance with this article.

A nonconforming lot may become a conforming lot by meeting the current minimum lot size, lot width, and lot frontage requirements of the zoning district in which the lot is located through the following actions:

(1)

A consolidation of the nonconforming lot with an adjacent lot;

(2)

A boundary adjustment between two contiguous lots, one being nonconforming and the other being conforming, provided such adjustment does not make the conforming lot nonconforming, does not create an additional lot, and does not increase the nonconforming lot's nonconformity; or

(3)

Rezoning to a different zoning district to meet the lot size, lot width, and lot frontage requirements of that district.

A nonconforming use may continue as it existed when it became nonconforming. A nonconforming use shall not be reconstructed, relocated, altered, or expanded in any manner, including the addition of new accessory uses, except as provided for in this section.

(1)

A nonconforming use may change to a conforming use.

(2)

The nonconforming use may be extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use at the time of enactment of this Ordinance provided there are no structural alterations, expansion or enlargement except those required by law or lawful order.

(3)

A nonconforming use may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(4)

A nonconforming use may reduce its footprint or become lesser in size by up to 50 percent. Whenever a nonconforming use of land has been changed to a more restricted size, such use shall not thereafter be changed to a greater size.

(5)

A nonconforming dwelling unit may have a home occupation subject to the requirements of Articles V and VI.

(6)

A nonconforming use shall lose its nonconforming status, and any further use shall conform to the requirements of this Ordinance when:

a.

The nonconforming use is discontinued for a period of two years, regardless of whether or not equipment or fixtures are removed, shall be deemed abandoned and any subsequent use shall be in conformity with the regulations of the district in which such building or land is located.

1.

However, on application made to the Administrator by the owner or any party in interest, the Administrator may extend the aforesaid two-year period up to an additional two years for good cause.

b.

The nonconforming use is intentionally abandoned, regardless of the length of time that has passed.

(7)

The casual, intermittent, temporary or illegal use of land or buildings shall 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 shall not be construed to establish a nonconforming use on the entire lot or tract.

(8)

When evidence available to the Administrator is deemed by him to be inconclusive, whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.

A building nonconforming only as to height, area, or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.

(a)

A nonconforming structure or use to be extended or enlarged shall conform with the provisions of this Ordinance.

(b)

A nonconforming building or structure shall include those circumstances where the county has:

(1)

Issued a building permit or other permit authorizing construction and the building or structure was constructed in accordance with the building permit, and upon completion, the County issued a certificate of occupancy; or

(2)

The owner of the building or structure has paid real estate taxes to the County for such building or structure for a period of more than the previous 15 years.

Any such building or structure may be brought into compliance with the Uniform Statewide Building Code without affecting the nonconforming status of the building or structure.

(c)

Additionally, a nonconforming building or structure shall include those circumstances where:

(1)

A permit was not required and an authorized governmental official informed the property owner that the structure would comply with the Zoning and Subdivision Ordinance; and

(2)

The improvements were then constructed accordingly.

In any proceeding when the authorized county official is deceased or unavailable to testify, uncorroborated testimony of the oral statement of such official shall not be sufficient evidence to prove that the authorized county official made such statement.

(d)

If a nonconforming building or structure is damaged or destroyed, even if 50 percent or greater, by fire, natural disaster or other act of God, such building or structure may be repaired, rebuilt or replaced provided that:

(1)

The nonconforming features are eliminated or reduced to the extent possible, without the need to obtain a variance;

(2)

The owner shall apply for a building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code;

(3)

The requirements of the floodplain management regulations in the County Code are met; and

(4)

The work is done within two years unless the building is in an area under a federal disaster declaration and was damage or destroyed as a direct result of the disaster, in which case the time period shall be extended to four years.

Owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson and obtain vested rights under this section.

(e)

If a nonconforming mobile home is removed other than by natural disaster or public action, it may not be replaced except as provided for below unless it complies with regulations within the Ordinance.

Nothing in this section shall be construed to prevent the landowner or homeowner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD Manufactured Housing Code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD Manufactured Housing Code. Any such replacement home shall retain the valid nonconforming status of the prior home.

On any building devoted in which or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 20 percent of the current replacement value of the structure; provided, that the cubic content of the structure as it existed at the time of passage or amendment of this Ordinance, shall not be increased. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.