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ARTICLE 5: EXCEPTIONS

SECTION 501 NON-CONFORMING USES



A. Subject to the provisions of this Section a non-conforming use or structure may be continued but may not be altered or extended. The extension of a non-conforming use to a portion of a structure which was arranged or designed for the non-conforming use at the time of passage of this Ordinance is not an enlargement or expansion of non-conforming use. A non-conforming structure which conforms with respect to use may be altered later or extended if the alteration or extension does not cause the structure to deviate further from the standards of this Ordinance.

B. If a non-conforming use is discontinued for a period of one year, further use of the property shall conform to this Ordinance.

C. If a non-conforming use is replaced by another use, the new use shall conform to this Ordinance.

D. If a non-conforming structure or a structure containing a non-conforming use is destroyed by any cause to an extent exceeding 80% of its fair market value as indicated by the records of the County Assessor and is not returned to use and in actual operating condition within one year from the date of destruction, a future structure or use on the site shall conform to this Ordinance.

E. Nothing contained in this Ordinance shall require any change in the plans, construction, alteration, or designed use of a structure for which a building permit has been issued and construction has commenced prior to the adoption of this Ordinance.