Within the districts established by this ordinance, there exist certain incompatible lots, buildings, structures, signs and uses of land which were lawful before these regulations were adopted but which would be prohibited, regulated or restricted under the terms of these regulations or future amendments.

It is the intention of this article to permit these nonconformities to continue until they are removed, but not to encourage their survival. Except as otherwise provided it is further the intent of these regulations that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for variances or for adding other structures or uses prohibited elsewhere in the same district.

In any district, notwithstanding limitations imposed by other provisions of these regulations, a single-family dwelling and customary accessory buildings or any other permitted use may be erected on any single nonconforming lot of record, as defined by these regulations, even though such lot fails to meet the requirements for area or width, or both, applicable to the particular district involved, provided that yard dimensions and other requirements of the lot shall conform to the regulations for the district in which the lot is located, or a variance is obtained from the City Council.

Except for those lots described above, if two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of these regulations, and if all or part of the lots do not meet the requirements for lot width and area as established by these regulations, the lands involved shall be considered an undivided parcel for the purposes of these regulations, and no portion of said parcel shall be used which does not meet lot width and area requirements established by these regulations, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the applicable requirements.

The lawful use of any building, structure, sign or land existing at the time of enactment of these regulations may be continued, even though such use does not conform with the use provisions of these regulations, except that the use of a principal building, structure or land containing a nonconforming use shall not be:

503.1

Changed to another nonconforming use.

503.2

Reestablished after discontinuance or abandonment for one (1) year.

503.3

Expanded, enlarged or extended, unless such use is changed to a use permitted in the district in which such use is located.

503.4

Rebuilt, altered or repaired after damage exceeding seventy-five (75) percent of the fair sales value of the building immediately prior to damage.

503.5

Moved in whole or in part to any other portion of the lot occupied by such use, except in conformity with these regulations.

Nothing in this Article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure, or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official.

Changes in ownership or tenancy of a nonconforming use are permitted.

Notwithstanding any provision to the contrary, any variance previously granted by the City of Sky Valley will be allowed to remain as a variance and the terms of the variance as authorized will not be considered in classifying a lot, building, structure, sign or land use as nonconforming.

A nonconforming building which contains a conforming use may be expanded, enlarged or extended, provided that any such additions meet the applicable yard and building setbacks, buffer and landscape strip requirements and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within which such building is located.

Nothing in this Article 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 adoption of these regulations.