The purpose of this chapter is to regulate and limit the continued existence of uses and structures lawfully established prior to the enactment of this title, or any amendments, that do not conform ("nonconforming") to the provisions of this title. Nonconforming uses may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconforming uses and structures and, when necessary in order to preserve the integrity of this title, to bring about their eventual elimination. (Ord. 603, 11-1-2018)

   A.   Continuation: Nonconforming uses may continue in accordance with the provisions of this chapter.

   B.   Maintenance And Repair: Normal maintenance and repair to permit continuation of registered nonconforming uses may be performed.

   C.   Expansion: Nonconforming uses shall not be extended or enlarged except as provided by this chapter. Any extension or expansion of a nonconforming use shall require review and approval of a conditional use permit as outlined in chapter 15.230 of this title.

   D.   Change Of Use: A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the zoning district in which it is located. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

   A.   A nonconforming structure devoted to a use permitted in the land use district in which is it located may be continued in accordance with the provisions of this chapter.

   B.   Normal maintenance and repair of nonconforming structures may be performed.

   C.   Nonconforming structures which are used in a manner conforming to the provisions of this title may be enlarged or extended provided that the nonconformity is not further enlarged or expanded.

   D.   A nonconforming structure, other than a historic structure previously listed on the National Register of Historic Places or designated as historic by the Board, shall not be moved unless it will conform to the regulations of the land use district in which it is relocated. (Ord. 603, 11-1-2018)

   A.   When the active operation of a nonconforming use is discontinued or abandoned for period of twelve (12) consecutive months, the use shall not be reestablished or resumed. The active operation of a use is considered to be the typical or normal activities associated with the use. A determination of discontinuance or abandonment may be made where one or more of the following conditions is documented for the twelve (12) months preceding the determination:

      1.   Failure to maintain regular business hours, typical or normal for the use; or

      2.   Failure to maintain required local, State or Federal licenses or other approvals that would be required for the active operation of the use; or

      3.   Failure to maintain utilities which would be used for the active operation of the use; or

      4.   Failure to pay taxes and fees required for the active operation of the use.

   B.   A determination of discontinuance may not be made where the active operation of a nonconforming use has been curtailed by:

      1.   Extensive rehabilitation of the property; or

      2.   Unique circumstances associated with repairs and alterations on structures of historic value; or

      3.   Transfer of title delays caused by estate or probate issues; or

      4.   Delay caused by serious illness or injury of any owner that may warrant special consideration on the basis of personal hardship; or

      5.   Market conditions that have impacted the ability to reoccupy or reestablish a use within the twelve (12) month period.

      6.   In the case of a residential nonconforming use, the documented non-use results from extended travel or temporary relocation of the owner or tenant of the residence.

   C.   Nonconforming buildings which have been damaged or destroyed by natural calamity may be repaired or reconstructed within one year from the date of damage; provided, the repaired building is appropriate to the previous use. (Ord. 603, 11-1-2018)

A nonconforming accessory use or accessory structure shall not continue after the principal structure or use is terminated unless the structure or use conforms to the provisions of the zoning district in which it is located. (Ord. 603, 11-1-2018)

   A.   When an existing nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area applicable to the zoning district, the lot may be used as proposed.

   B.   When a use proposed for a nonconforming lot is one that is conforming in all other respects with the exception of applicable setback requirements, the property owner may apply for a variance pursuant to chapter 203 of this title.

   C.   If an undeveloped nonconforming lot adjoins one or more other undeveloped nonconforming lots in common ownership, a variance shall not be granted if re-subdivision or lot merger to make both lots conforming can be reasonably accomplished. (Ord. 603, 11-1-2018)

   A.   Upon a recommendation by the Director that a type of nonconforming structure or use, or any specific nonconforming structure or use is detrimental to the public health, safety or general welfare, the Board may adopt an amortization schedule under which a nonconforming use or structure, or type of nonconforming use or structure, may be gradually eliminated. The schedule shall establish a timetable by which the nonconforming uses or structures shall be eliminated or made conforming and be consistent with the following:

      1.   Following adoption of an amortization schedule covering a type of nonconforming use or structure, or a particular nonconforming use or structure, the Director may initiate amortization proceedings with respect to specific uses or structures in the manner provided in this section. Any nonconforming use or structure found to be detrimental to the public health, safety or general welfare, may be ordered to be removed or the use discontinued in accordance with the time frames established in the adopted amortization schedule.

      2.   Upon failure of the property owner to carry out the order, the County may take any steps necessary to remove such structure or discontinue the use and assess the cost thereof against the property owner. (Ord. 603, 11-1-2018)