A. Continuation. Nonconforming uses, buildings, or structures are declared by this title to be incompatible with permitted construction in the districts in which they are located.

However, to avoid undue hardship, the lawful use of any such use, building, or structure at the time of the enactment, amendment, or revision of the ordinance codified in this title may be continued (grandfathered) even though such use, building, or structure does not conform with the provisions of the ordinance codified in this title, except that existing scrap (junk) and waste yards shall within eighteen (18) months of the adoption of the ordinance codified in this title, meet in full the screening requirements of Section 14.16.020; and except that all kennels shall within twelve (12) months of the adoption of the ordinance codified in this chapter, meet in full the kennel requirements of Section 14.12.170. To qualify for this twelve (12) month compliance period, the kennel must be in compliance with all other existing county and state regulations.

Any active motor vehicle parts establishment which existed prior to this section that is primarily engaged in the dismantling of motor vehicles for the purpose of selling motor vehicle parts and of which seventy-five percent (75%) of the owner’s or owners’ income is derived therefrom, meaning directly from the sale of parts and materials salvaged from vehicles, shall not be considered a scrap (junk) or waste yard for the purposes of this section. The county shall have the right to request whatever documentation it deems necessary to administer this provision.

B. Modification. A proposed change or modification to a nonconforming use shall be governed by the following:

1. Change of Nonconforming Use.

a. If a change from one nonconforming use to another is proposed and no structural alterations are involved, the change may be permitted, provided:

i. Nonconformity of dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking shall not be increased; and

ii. The proposed change will have little discernible impact over the existing nonconforming use.

b. If a change to a permitted use is proposed which is nonconforming only as to dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking, the change may be permitted, provided that all applicable requirements that can be reasonably complied with are met.

c. Compliance with a requirement is not reasonably possible if it cannot be achieved without adding land to the lot of the nonconforming use or moving the use if it is on a permanent foundation.

d. Whenever a nonconforming use of land or building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to a less restricted or nonconforming use.

2. Enlargement or Expansion of Nonconforming Use. Enlargement or expansion of a nonconforming building, use, or structure shall be permitted, provided such enlargement shall meet all applicable setbacks, buffer area, and off-street parking requirements for the district within which it is located.

3. Repair or Alteration of Nonconforming Use, Building, or Structure. The repair or alteration of a nonconforming use shall in no way increase the nonconformity of said use, except as otherwise permitted by subsection (2) of this section.

4. Replacement of Nonconforming Use.

a. A building permit for the replacement of a nonconforming building or structure where damaged or destroyed must be initiated within twelve (12) months of the time of the damage or destruction or forfeit the right of replacement.

b. Replacement if initiated within twelve (12) months of the time of damage or destruction shall adhere to all applicable requirements of Table 2.

c. Replacement of a nonconforming mobile or manufactured home once removed from a lot or parcel shall be accomplished within thirty (30) days of removal or forfeit nonconforming status, and if replaced shall not infringe on established setbacks, and shall meet in full the requirements of Section 14.12.040 of this title.

C. Discontinuance. No building or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of six months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located.

D. Lot of Record. Where the owner of a lot at the time of December 5, 2000, does not own sufficient land to meet the setback requirements of this title, such lot may nonetheless be used as a building site provided applicable setback requirements are not reduced by more than twenty-five percent (25%). Setback reductions greater than twenty-five percent (25%) shall be referred to the board of zoning appeals for consideration. If, however, the owner of two or more adjoining lots with insufficient land dimensions decides to build on or sell off these lots, they must first be combined to comply with the dimensional requirements of this title. (Ord. 03-O-13 § 8.8-1, 2003; Ord. 02-O-03 § 1, 2002; Ord. 99-O-25 § 8.8, 1999)