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SECTION B: REGULATIONS THAT APPLY IN ALL OR SEVERAL ZONES

PART 5: 
NONCONFORMING USES AND STRUCTURES
This part is included in your selections.
This section is included in your selections.

131.1 PURPOSE

The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))

131.2 APPLICABILITY

These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))

131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE

A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))

131.4 RIGHTS PERTAINING TO THE USE ITSELF

The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))

131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES

The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))

131.6 TERMINATION OF NONCONFORMING USE

If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))

131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW

All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A314-25(J))