§ 62-1182. Continuation generally; enlargement, expansion or modification.

(a)

The use of land or structures qualifying as a nonconforming use as defined in this subdivision shall not be:

(1)

Enlarged, extended, increased or expanded to occupy a greater area of land than was occupied upon the effective date of the ordinance from which this article was derived or the effective date of any amendment to this article, whichever date rendered such use nonconforming. However, any conforming structure on a substandard lot may be expanded to occupy a greater land area provided such expansion complies with all setback requirements and provided such expansion is not for living area.

(2)

Reestablished if such nonconforming use of land or structures ceases or is discontinued for a period of 180 consecutive days, or for 18 cumulative months during any three-year period. However, nonconforming residential structures in residential zoning classifications and the GU classification may be reestablished.

(3)

Enlarged, extended, increased or expanded by the erection of any additional structure that is not permitted in the applicable zoning classification or not permitted under any provision of this article. However, on parcels of five acres or more devoted to nonconforming agricultural use, supporting structures of an agricultural nature may be erected. Such structures shall meet all setback requirements of the agricultural zoning classification.

(b)

In addition to the provisions of subsection (a) of this section, structures qualifying as a nonconforming use as defined in this subdivision shall not be:

(1)

Moved in whole or in part to any portion of the lot or parcel not occupied by such structures upon the effective date of the ordinance from which this article is derived or the effective date of any amendment to this article, whichever date rendered such use nonconforming.

(2)

Enlarged, extended, increased or expanded in any manner unless such enlargement, extension, increase or expansion is specifically in conformity with the provisions of this article and does not increase the nonconformity of such use. Nothing contained in this subsection shall be construed to prohibit the ordinary repair and maintenance of nonconforming structures provided such repair does not increase the cubic content of the structures; result in the enlargement, extension, increase or expansion of the nonconforming use; or result in a cost of repair and maintenance in excess of 50 percent of the fair market value of the structures. Fair market value for the purposes of this section shall be deemed the valuation of such structure by the county property appraiser in his assessment for levying of ad valorem taxes for the year of the intended repair or maintenance.

(3)

Rebuilt, repaired or replaced if such structures are destroyed or damaged by any cause and such damage exceeds 50 percent of the fair market value of such structure. Fair market value for the purpose of this section shall be deemed the valuation of such structure by the county property appraiser in his assessment for the levying of ad valorem taxes for the tax year in which such damage was sustained, and the estimate of the damage shall be established by the building official of the county. Except, condominium, duplex and single-family residential structures which are inconsistent with the comprehensive plan's future land use map series, or are nonconforming structures in residential and GU zoning classifications may be rebuilt at the original square footage if destroyed by fire, wind, flooding or any other similar act of God resulting in destruction of the structure beyond 50 percent of the fair market value. Should such structure be rebuilt, it shall either approach or, preferably, meet all setback requirements of the zoning classification if possible. This provision is not intended to apply where natural deterioration of the structure results in damage exceeding 50 percent of the fair market value of the structure or renders such structure unsuitable for human habitation pursuant to chapter 22 or the current Standard Housing Code as adopted by the board of county commissioners.

(4)

Moved to any parcel of land not occupied by such structure upon the effective date of the ordinance from which this article is derived or the effective date of any amendment to this article, whichever date rendered such use nonconforming.

Structures, the use of which conforms with the zoning classification, but which are nonconforming due to setback, may be enlarged or expanded if the enlargement or expansion meets the required setbacks of the specific zoning classification.

(Code 1979, § 14-20.38(B), (C); Ord. No. 93-18, § 1, 6-22-93; Ord. No. 95-56, § 1, 12-12-95; Ord. No. 96-16, § 1, 3-28-96)