Any building, structure or use lawfully existing at the time of the enactment of these regulations may be continued, except certain nonconforming uses as provided in section 39-299. Nothing in these regulations shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the zoning officer.

(Compiled Ords. 2013, § 19-6.1)

Except as hereinafter provided under subsection (3) of this section:

(1)

Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or act of God may be reconstructed and used as before if it is done within 12 months of such calamity, unless damaged more than 50 percent of either of the following at the time of the damage:

a.

Its assessed value as determined by the county assessor's records; or

b.

Its fair market value from an appraisal prepared by a certified appraiser, presented to the administrator.

(2)

If the damage thresholds in subsection (1) of this section apply, reconstruction shall comply with this chapter.

(3)

No building, structure or premises where a nonconforming use has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use.

(4)

The foregoing provisions in this section, insofar as these limit reconstruction or require certain uses to cease or buildings or structures to be removed or changed, shall not be applicable where any such building, structure or use would be conforming under the land use plan as defined in section 39-3.

(Compiled Ords. 2013, § 19-6.2)

The minimum required frontage for any newly created lot to be used for building purposes (except on a cul-de-sac) shall be no less than 90 percent of the minimum lot width required in the district in which it is located. Lots requiring a permanent easement for the purpose of access will be considered buildable only if the permanent easement is on record in the county recorder's office prior to January 1, 1984.

(Compiled Ords. 2013, § 19-6.3)

Lot area requirements are found under the various use districts listed in article II of this chapter. Exceptions may occur based on lots created prior to the adoption of the ordinance from which this article is derived or due to requirements of the county health department.

(1)

On existing lots of record in any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of enactment of these regulations, provided that proposed yard spaces satisfy requirements stipulated for the district in which said lot is located or requirements as may be modified as set forth under section 39-147 (Variances). However, no lot of any size may be built upon unless the county health department approves the method of sewage disposal and source of water supply.

(2)

For lots, in any district, where on-site sewage disposal systems are utilized, the otherwise specified lot area and width requirements may be increased as necessary to satisfy all applicable requirements of the county health department and the state department of public health concerning water supply and disposal of sanitary wastes.

(3)

Any lot which may be created with a building already existing shall comply with the minimum lot standards for the zoning district in which it is located.

(Compiled Ords. 2013, § 19-6.4)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been granted before the enactment of these regulations, the construction of which, conforming with such plans, shall have been started prior to the effective date of these regulations and completion thereof carried on in a normal manner within the subsequent six-month period and not discontinued until completion, except for reasons beyond the builder's control.

(Compiled Ords. 2013, § 19-6.5)

Where a use lawfully exists on the date of the adoption of the ordinance from which this article is derived and it would be classified as a special use in the district in which it is located, such use shall be considered to be a legal special use and may be continued subject to all of the provisions of this ordinance. No expansion of legal special use, whether by additions or alterations to existing buildings or land improvements or otherwise, shall extend beyond the area actually devoted to the use at the time of adoption of the ordinance from which this article is derived; any such additions or alterations within such area shall be subject to front, rear and side yard requirements set forth in this article for permitted uses in the district in which the legal special use is located.

(Compiled Ords. 2013, § 19-6.6)