Sec. 66-411

Other

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use discontinuation period2 years

  If any nonconforming use, structure, or activity is discontinued for a period exceeding two years after November 1, 1988, it shall be deemed abandoned, and any future use shall conform to the requirements of this chapter.

• Automatic extension period2 years

  The owner of any nonconforming use, structure, or activity which is discontinued may, prior to the end of the two-year period, obtain an automatic additional two-year extension in the right to resume such nonconforming use, structure, or activity without such use or activity being deemed abandoned, by providing to the county a proper written request on a form supplied by the zoning administrator.

• Military service exception

  For persons stationed outside the county in active military service, who function as the owner or operator of a nonconforming use, structure or activity, such use, structure or activity shall not be deemed abandoned if use is resumed within 90 days of final discharge.

• Natural disaster repair

  The owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God shall be permitted to repair, rebuild, or replace the nonconforming building or use to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building or use cannot be repaired, rebuilt, or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. All work shall be in compliance with the Uniform Statewide Building Code and floodplain regulations.

• No enlargement or change of character

  Nothing in this article shall be construed to permit a change in the character of any nonconforming use, structure or activity or any enlargement, extension, reconstruction or structural alterations which are not in compliance with this chapter.

• Temporary seasonal exclusion

  Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to November 1, 1988, are excluded.