It is the intent of this Title to permit nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this Title that nonconforming uses shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone. (Ord. 57, 4-18-1988)

Nonconforming uses are declared by this Title to be incompatible with permitted uses in the zone in which such use is located. A nonconforming use shall not be extended or enlarged after passage of the Ordinance codified in this Title by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the zone in which such use is located. (Ord. 57, 4-18-1988)

To avoid undue hardship, nothing in this Title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the Ordinance codified in this Title and upon which actual building construction has been carried on diligently; provided that it is completed and so used within one year after the effective date of the Ordinance codified in this Title. (Ord. 57, 4-18-1988)

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the Ordinance codified in this Title and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Title and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and are requirements established by this Title, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Title. (Ord. 57, 4-18-1988)

If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of the Ordinance codified in this Title that would not be allowed in the zone under the terms of this Title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   Structural Change: No existing structure devoted to a use not permitted by this Title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located;

   B.   Extension: No nonconforming use shall be extended to occupy any additional land area;

   C.   Change To More Appropriate Nonconforming Use: If no structural alterations are made, any nonconforming use of a structure or structure and land may, upon the issuance of a conditional use permit by the Planning and Zoning Commission, be changed to another nonconforming use provided that the Commission shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change the Commission may require appropriate conditions and safeguards in accordance with other provisions of this Title;

   D.   Superseded By Permitted Use: Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed;

   E.   Abandonment Of Use: When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure, or structures and land in combination, shall not thereafter be used except in conformity with the regulations of the zone in which it is located; and

   F.   Removal Or Destruction Of Structure: Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land;

   G.   Nonconforming Use Created After Effective Date: A nonconforming use which came into existence after the passage of this Title shall not be deemed a nonconforming use, but an illegal use and shall be abated; (Ord. 57, 4-18-1988)

   H.   Rebuilding After Destruction: Any structure which has been located upon a lot that does not meet general lot size requirements or other standards and which is substantially destroyed, shall not be rebuilt thereon. "Substantial destruction" for purposes of this subsection shall mean destruction equal to forty five percent (45%) of the structure.

Any person rebuilding any structure in violation of this Section shall be subject to all criminal and civil penalties of this Title and the structure shall be subject to abatement proceedings provided for in this Title. (Ord. 57-F, 1-14-1991)

   A.   Ordinary Repairs And Maintenance: Ordinary repairs and maintenance shall be permitted, however, a building or structure devoted to a nonconforming use at the time the Ordinance codified in this Title becomes effective may not be altered or enlarged so as to extend the nonconforming use nor may the use be enlarged in any other way except by a conditional use permit.

   B.   Damage By Uncontrollable Act: A nonconforming building which has been damaged by an uncontrollable act to the extent of sixty percent (60%) of its reproduction value as determined by the Board of County Commissioners at the time of the damage shall not be restored except in conformity with the regulations of the zone in which it is located. When damage is less than sixty percent (60%) of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction is completed within one year of the date of such damage. (Ord. 57, 4-18-1988)

Any use which is permitted as a conditional use in a zone under the terms of this Title shall not be deemed a nonconforming use in such zone, but shall, without further action, be considered a conforming use. (Ord. 57, 4-18-1988)