The county board may by special exception, after public hearing by the zoning hearing officer, and subject to such protective restrictions that it deems necessary, authorize the location, relocation, extension or structural alteration of any of the following buildings, structures or uses in any district in which they are prohibited by this title:

   A.   Any public buildings erected, or proposed to be erected, owned or leased by a municipality, county, state or federal governmental agency;

   B.   An airport or aircraft landing area;

   C.   A public waste disposal facility or landfill;

   D.   A hazardous waste disposal facility;

   E.   Commercial amusement or recreational development for temporary or seasonal uses;

   F.   Medical clinics and institutional uses, except institutions for lodging criminals or treating the insane or those with contagious diseases;

   G.   Parking lots on property not more than three hundred feet (300') from the boundary of any commercial or industrial district under such conditions as will protect the character of surrounding property;

   H.   Peaker plants or alternative energy generating plants which are not publicly regulated;

   I.   Such other unusual or unanticipated uses as the county board determines appropriate and worthy of consideration. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)

The following additional restrictions apply to buildings and structures permitted herein by special exception, and/or where permitted as a principal or special use in a particular district:

   A.   Institutional buildings may not occupy over fifty percent (50%) of the gross area of the lot or property and will not have any materially deleterious effect on, nor depreciate, the value of surrounding property. Any new or relocated medical clinics or institutional buildings shall be set back an additional two feet (2') for each foot of building height, up to the maximum height limit otherwise permitted in the district, from the minimum yard setbacks applicable in the district in which the institutional building is being located or relocated.

   B.   Public, semipublic service or institutional buildings or schools when permitted in a district as a principal use, special use or special exception, may be erected to a height not to exceed sixty feet (60'). Churches and temples may not exceed seventy five feet (75') in height. Any new or relocated buildings referred to in this subsection shall be setback from each yard at least one foot (1') additional for each one foot (1') of building height above the maximum height limit otherwise permitted in the district in which the new or relocated building is located.

   C.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, telecommunications towers or necessary mechanical appurtenances may be erected to any lawful and safe height.

   D.   Except as specifically provided in this section, district use and bulk regulations, and any performance standards applicable to the district in which the new or relocated building is located, shall apply to any such uses. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)

An applicant requesting a special exception shall fill out such application as is required by the zoning administrator in the "county development manual". The county zoning administrator shall thereupon submit the matter to the county board. The county board shall submit the matter to the zoning hearing officer with instructions to hold a hearing at the earliest opportunity after notices to all parties entitled to notice have been sent. The zoning hearing officer will hold a hearing in the same manner as if the request had been for a special use. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)

The zoning hearing officer shall report to the county board in writing within sixty (60) days after the hearing with its recommendations regarding whether to allow or reject the application for special exception. The county board may adopt, reject or modify the recommendations of the zoning hearing officer and shall thereafter return the matter to the zoning administrator with instructions regarding the issuance or denial of the permit. (Ord. 06-05-002, 6-21-2005; amd. 2025-05-006, 5-22-2025)

When a property owner shows that a strict application of the terms of this title relating to bulk regulations imposes upon him practical difficulties or particular hardship, then the zoning hearing officer may in the following instances only, make such variation of the strict application of the terms of this title as are in harmony with its general purpose and intent when the zoning hearing officer is satisfied, based upon the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a variation:

   A.   To permit the extension of a district where the boundary line of a district divided a lot in single ownership as shown of record;

   B.   To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than fifty percent (50%) of its value, by fire or act of God, or the public enemy, where the zoning hearing officer shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall a permit be issued if its primary function is to continue a monopoly.

   C.   To create a variation by reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of exceptional topographical conditions, when the strict application of any provisions of this title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property; provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purposes and intent of the comprehensive plan as established by the regulations and provisions contained in this title.

   D.   To waive the parking requirements in the business or industrial districts whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

   E.   To permit a building to be erected, reconstructed altered or enlarged so that the building lines will extend beyond the distance specified in this title into side yards, or into front yards; provided, that such variation may not be granted:

      1.   Unless there is a building in the block which extends beyond the distance from the front street line specified in this title, in which case the building line may be permitted to extend as near to the front street line as such nonconforming building; or

      2.   Unless the lot is irregular in shape, topography or size; or

      3.   Unless the street line of the lot is irregular in shape, topography or size. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The zoning hearing officer may impose such conditions and restrictions upon the use of the premises benefited by a variation as it may deem necessary. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

An applicant for a variation shall file a petition for a variation on such forms and shall pay such fees as are set out in the "county development manual", and shall specifically describe the circumstances constituting the practical difficulty or hardship. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

Any lawfully established use of a building, structure, sign or lot, at the effective date hereof, or of amendments hereto, that does not conform to these regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein. Any legal nonconforming building, structure, sign or lot may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein. Any building or structure for which a permit has been lawfully granted prior to the effective date hereof, or of amendments hereto, can be completed in accordance with the approved plans; provided construction is started within six (6) months and diligently pursued to completion. Such building or structure shall thereafter be deemed a lawfully established building or structure. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

Whenever any part of a building, structure or property occupied by a nonconforming use is changed to or replaced by a use subject to the provisions of this title such premises shall not thereafter be used or occupied by a nonconforming use, even though the building, structure, or any part thereof, may have been originally designed for the prior nonconforming use. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be reestablished and the use of the premises thereafter shall be in conformity with the regulations of the applicable district. Where a structure or a nonenclosed building is involved, discontinuance of a nonconforming use shall constitute an abandonment, and such structure or nonenclosed building shall not thereafter be used in a nonconforming manner. A nonconforming use not authorized by this title prior to the adoption hereof, shall be discontinued and not reestablished, unless such use is a permitted use in the district in which it is located after the adoption hereof. (Ord. 06-05-002, 6-21-2005)

The nonconforming use of any building, structure, or part thereof, which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use thereof but only if such other use is permitted pursuant to a special use permit currently in effect. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The period of time during which the following nonconforming uses may continue or remain in residential districts shall be limited to two (2) years from the effective date hereof, or of any amendment hereto, which caused the use to become nonconforming:

   A.   Any nonconforming use of a building or structure having an assessed valuation of less than five hundred dollars ($500.00) on the effective date hereof;

   B.   All nonconforming signs;

   C.   Any nonconforming use of property where no enclosed building is involved or where the only buildings thereon are accessory or incidental to such use, or where such use is maintained in connection with a conforming building.

      Every such nonconforming use shall be completely removed from the premises at the expiration of the two (2) year period. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

Any nonconforming building, structure, lot or use which existed lawfully at the time of the adoption of ordinance 09-00-023 in any district pertaining to adult entertainment establishment uses which became nonconforming upon said adoption may be continued as provided herein.

   A.   Upon written notice from the zoning administrator to the recorded owners or occupants, that any building, structure, lot or regulated use is nonconforming under the zoning classification of permitted uses, or previously granted special use permits, under this title, the owner, occupants or persons with interests therein shall have six (6) months from the date of the notice to discontinue any nonconforming use.

   B.   Owners, occupants or other persons with an interest in any such nonconforming building, structure or lot containing adult entertainment establishments experiencing an undue hardship due to the six (6) month amortization period may request a longer amortization period by filing a petition on forms provided by the zoning administrator and paying the fees set out in the "county development manual" requesting a longer amortization period. The filing of the petition shall not extend the six (6) month amortization period. Such period may only be extended by a majority vote of the county board after a hearing before the zoning hearing officer in the same manner and with the same requirements as if said petition was a petition for a variation. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

So long as a nonconforming building or structure is used, or is eligible for use, normal maintenance of such building or structure is permitted including necessary nonstructural repairs, replacement of roofing materials, veneering of existing outer walls and incidental alterations which do not extend or intensify the nonconforming use. No structural alteration shall be made to a building or other structure containing a nonconforming use, except in the following instances:

   A.   When the alteration is required by law;

   B.   When the alteration will result in the elimination of the nonconforming use;

   C.   When a building containing residential nonconforming uses, other than single-family dwellings, may be altered in such a way to improve livability, provided no structural alteration shall be undertaken which would increase the number of dwellings or the bulk of the building. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located. No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use. No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the lot as it existed at the effective date hereof, or to displace any conforming use in the same building or on the same lot. A building, structure or sign which is nonconforming with respect to yards, maximum lot coverage, height or any other bulk regulation shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations applicable to the district in which it is located, unless such building or structure is exempt under section 10-10C-8 of this article. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

When a lawfully existing building or other structure otherwise conforms to the use regulations of this zoning ordinance, but is nonconforming only in the particular manner hereinafter specified, the building and use shall be exempt from the requirements of sections 10-10C-4 and 10-10C-5 of this article.

   A.   In any R district, where a dwelling is nonconforming only as to the number of dwelling units it contains provided no such building shall be altered in any way as to increase the number of dwelling units therein.

   B.   In any R district, where a use permitted in the C-1 district occupies ground floor space within a multi-family dwelling located on a corner lot.

   C.   Any single-family dwelling which became nonconforming on the effective date hereof and is nonconforming only as to total lot area, front, side or rear yard requirements, may be remodeled, extended or structurally altered, if in the opinion of the zoning administrator such alteration will not adversely affect the health, safety, value or general welfare of adjoining or neighboring lots.

   D.   In any C or I district, where the use is less distant from an R district than that specified in the setback regulation for the district in which it is located.

   E.   In any district where an established building, structure or use is nonconforming with respect to the standards prescribed in this zoning ordinance for any of the following:

      1.   Yards - front, side or rear.

      2.   Off street parking or loading.

      3.   Gross floor area.

   F.   In any AG-1 district where an established nonfarm dwelling was located on or before the effective date hereof, it shall be deemed a legal use.

   G.   A lot which was established in an agricultural district by recorded deed or subdivision plat, or was otherwise legally established on or before the adoption hereof may be used for single-family residential purposes provided that the yard requirements of the R-1 district are complied with. (Ord. 2025-05-006, 5-22-2025)