A.

The provisions of this chapter shall apply to buildings, structures, lands and uses which become nonconforming as a result of the application of this title to them, or from classification or reclassification of the property under this title or any subsequent amendments thereto, or as a result of acquisition of right-of-way by the exercise of eminent domain or threat of eminent domain by a governmental entity.

B.

If a use originally authorized by a variance, conditional use permit or other valid use permit prior to the effective date of the ordinance codified in this title is located within a district in which such use is not permitted by the terms of this title, such use shall be a nonconforming use. (Ord. 269 (part), 2002)

(Ord. No. 464, § III, 5-15-2017)

A.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected, rebuilt or enlarged on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this title. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained as required in Chapter 17.44 and Title 14 of this code.

B.

If two or more vacant lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this title, and if all or part of the lots do not meet the requirements for lot width and area as established by this title, the lands involved shall be considered to be an undivided parcel for the purpose of this title, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this title nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this title. Provided, however, that no vested subdivision or short subdivision will be subject to this subsection during the five year period following its approval unless the county commissioners find that a change in conditions creates a serious threat to public health or safety. (Ord. 269 (part), 2002; Ord. 287, Part B, §6, 2003)

Where, at the effective date of adoption or amendment of the ordinance codified in this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A.

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 the ordinance codified in this title.

B.

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 the ordinance codified in this title.

C.

When a nonconforming use of a structure, or structure and premises in combination is discontinued or abandoned for one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. (Ord. 269 (part), 2002)

Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may continue so long as it remains otherwise lawful, subject to the following provisions:

A.

No such structure may be enlarged or altered in a way which increases its nonconformity, unless an enlargement or structural alteration makes the building more conforming or is required by law.

B.

Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it may be reconstructed or replaced if a building permit is obtained within one year of destruction.

C.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

D.

Structural alterations may be permitted if necessary to adapt a nonconforming building to new technologies or equipment pertaining to uses housed in such building. Any enlargement necessary to adapt to new technologies shall be authorized only by a variance. (Ord. 269 (part), 2002; Ord. 304, 2004)

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official. (Ord. 269 (part), 2002)