[Res. No. 07-06, Zoning Order Art. 5 § A, 7-12-2007]
A. 
Non-conformities are of three (3) types.
1. 
Non-Conforming Lot Of Record. A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the original adoption of zoning and/or subdivision regulations in the County; and neither said lot nor parcel complies with the lot width or area requirement or other conditions for any permitted uses for the district in which it is designated or located.
2. 
Non-Conforming Structure. A structure in existence at the adoption of this Zoning Order which does not comply with the requirements of the district designation for the parcel upon which it is located.
3. 
Non-Conforming Use. A structure or use of land in existence at the adoption of this Zoning Order which does not comply with the regulations applicable to new uses in the zoning district in which it is designated or located.
[Res. No. 07-06, Zoning Order Art. 5 § A(2), 7-12-2007]
A. 
Said non-conforming lot may be allowed without revision if it is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and
B. 
Said lot has remained in separate and individual ownership on a separate deed from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by any zoning regulations; and
C. 
Said lot can meet all regulations for the district in which it is designated or located.
[Res. No. 07-06, Zoning Order Art. 5 § B, 7-12-2007]
A. 
Said non-conforming structure may be allowed without revision if it is devoted to a use which is permitted in the zoning district in which it is designated, but is located on a lot which does not comply with the applicable setback and height regulations, so long as it remains otherwise lawful.
B. 
Any non-conforming structure may be maintained or repaired, provided, however, that no such action shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.
C. 
In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its market value as determined by methods acceptable to the County, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is designated. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless restoration is completed within six (6) months after the date of such partial destruction.
D. 
No non-conforming structure shall be moved in whole or in part of any distance, whatever, to any other location on the same and any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is designated or located after being moved.
[Res. No. 07-06, Zoning Order Art. 5 § C, 7-12-2007]
A. 
Any existing, at the time of adoption of this Zoning Order, non-conforming use of part or all of a structure or any existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful, only at the discretion of the County Commission.
B. 
Nothing in these Regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure, which is currently being used in a non-conforming manner, in accordance with an order of a public official, who is charged with protecting the public safety, who declares such structure to be unsafe and orders its restoration to a safe condition. In addition, the normal maintenance and incidental repair, of the structure or utilities may be performed on any structure that is devoted in whole or in part to a non-conforming use.
C. 
Extension. A non-conforming use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to the following:
1. 
Extension or expansion of such use to any structure or land, which is other than the structure or land that was occupied by such non-conforming use on the effective date of this Zoning Order or on the effective date of subsequent amendments hereto that cause such use to become non-conforming.
2. 
Extension or expansion of such use within an existing building or other structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of this Zoning Order or on the effective date of subsequent amendments hereto that cause such use to become non-conforming.
3. 
No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or expanded in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
D. 
Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent that more than fifty percent (50%) of its market value as determined by methods acceptable to the County structural value, such structure shall not be restored unless the structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made without the written agreement of the Zoning Department and the restoration is completed within six (6) months after the date of such partial destruction.
E. 
Moving. No structure that is devoted in whole or in part to a non-conforming use of land shall be moved in whole or in part for any distance whatever, to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
F. 
Change In Use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any non-conforming use of a structure, or structures and premises, may be changed to another non-conforming use only with the specific permission of the Board of Zoning Adjustment by application for a Variance as defined by the Zoning Order. In permitting such change, the BZA may require appropriate conditions and safeguards to protect surrounding areas and properties. Once such use has changed, it may no longer be returned to the original use or any other less appropriate use.
G. 
Abandonment Or Discontinuance. When a non-conforming use is substantially discontinued or abandoned, for a period of twelve (12) consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is designated or located.
[Res. No. 07-06, Zoning Order Art. 5 § D, 7-12-2007]
No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.
[Res. No. 07-06, Zoning Order Art. 5 § E, 7-12-2007]
Notwithstanding the provisions of the above, any structure which is devoted to a residential use and which is located in a commercial business or industrial district, may be remodeled, extended, expanded, enlarged, and rebuilt; provided that after any such action remodeling, extension, expansion, enlargement, or rebuilding, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such action work.
[Res. No. 07-06, Zoning Order Art. 5 § F, 7-12-2007]
Where a previously permitted use exists at the effective date of this Zoning Order and is permitted by this Zoning Order only by issuance of a Special Use Permit in the zoning district in which it is designated, such use shall not be deemed to be a non-conforming use only by application for and acceptance of a Special Use Permit as defined by this Zoning Order, with the specific permission of the County Commission. In permitting such change, the County Commission may require appropriate conditions and safeguards as it deems necessary and customary for the Special Use Permit regulatory process.