Within the districts established by this chapter, there may exist lots, structures and land uses which were lawful before July 12, 1999, but which would be prohibited or restricted under the terms of this chapter. It is the intent of this division to permit those nonconforming uses to continue until they are removed, but not to encourage their continuation. Such lots, structures and uses of land shall be termed nonconforming and shall be subject to the provisions of this article.

(Ord. of 7-12-1999, div. 06.000, 06.100)

Nonconforming uses consist of buildings or structures used on July 12, 1999, or amendment to this chapter for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:

(1)

No such nonconforming use shall 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.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(3)

No nonconforming use may be changed to another nonconforming use.

(4)

Where any nonconforming structure or use in part or whole is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.

(5)

If a nonconforming use is discontinued for a period of 180 consecutive days or for more than 18 months in any three-year period, the future use of the building or land must be a conforming use.

(6)

Maintenance and repairs necessary to keep a structure housing a nonconforming use in sound condition shall be permitted.

(Ord. of 7-12-1999, § 06.110)

Nonconforming structures consist of structures whose size or location does not conform with the yard, height, lot area, lot coverage or other dimensional provisions of this chapter or any amendment to this chapter. Such structures may remain and their nonconforming use may continue, provided that any enlargement to such structures must conform to all applicable requirements of this chapter. If a nonconforming structure is moved from its location, it can only be replaced with a structure which conforms to the district regulations. If such structures are damaged or destroyed by fire, explosion or other calamity except self-destruction, they may be reconstructed provided that when reconstructed they comply with all applicable requirements of this chapter that are not the basis of the nonconformity and the following:

(1)

It shall not contain more square feet of space than the destroyed or damaged structure;

(2)

It shall meet all applicable state building codes; and

(3)

Reconstruction shall commence within one year after it has been damaged or destroyed and construction shall be completed within 12 months after reconstruction has begun.

(Ord. of 7-12-1999, § 06.120; Ord. of 4-6-2015(1), § 1)

Nonconforming lots consist of vacant lots for which plats or descriptions have been recorded in the office of the register of deeds of the county, which on July 12, 1999, or upon amendment of this chapter, fail to comply with the dimensional requirements for the districts in which they are located. Any such nonconforming lot may be used for any of the minimum uses permitted by this chapter or variances allowed by this chapter.

(Ord. of 7-12-1999, § 06.130)

(a)

Nonconforming mobile home parks will be allowed to continue to operate, but they shall not be enlarged or expanded unless the expansion meets the requirements of the county mobile home park standards.

(b)

Whenever a nonconforming lot in a mobile home park is vacated by moving or destruction, it may not be replaced until the county health department determines that the lot can have a suitable sanitary disposal system installed, that the lot is not a public health nuisance, and that it is being operated in a safe and sanitary manner.

(c)

Whenever a mobile home in a nonconforming mobile home park is moved or destroyed, it shall only be replaced by a manufactured home meeting the requirements of section 32-193 regarding siting.

(Ord. of 7-12-1999, § 06.140)

Mobile homes that do not conform to the manufactured home requirements shall not be permitted to be relocated into the county. Units that are currently in the county may be moved by the owner to another site that meets all the standards of this chapter for the placement of a residential dwelling unit.

(Ord. of 7-12-1999, § 06.150)

Editor's note— An amendment of March 19, 2007, § 2, repealed § 32-456 in its entirety, which pertained to nonconforming buildings or uses in the floodway zone, and derived from an ordinance of July 12, 1999, § 06.160.