Within the zoning districts established by this UDO or its subsequent amendment, there exist a) lots; b) structures; and c) uses of land which were lawful before this UDO was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this UDO or its subsequent amendment. Such instances shall hereafter be considered lawful non-conformities. It is the intent of this UDO to recognize the legitimate interest of owners of lawful non-conformities by allowing these lawful non-conformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful non-conformities may substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the same zoning district, property that is itself subject to the regulations and terms of this UDO. To secure eventual compliance with the standards of this UDO, it is necessary to regulate intensity and size of lawful non-conformities and to prohibit the re-establishment of non-conformities that have been discontinued, or monitor a change to a more intense use or expansion of a use. To avoid undue hardship, nothing in this UDO shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date or amendment of this UDO and upon which actual building construction has been carried on diligently. The burden shall be on the landowner to establish entitlement to continuation of non-conforming situations or on the developer to establish entitlement to complete non-conforming projects. Appeals from an administrative decision related to this Section shall be to the Board of Aldermen.

Anywhere a lawful non-conforming use is replaced by a permitted use and the lawful non-conforming use is no longer occurring, that lawful non-conforming use shall not thereafter be resumed.

All non-conforming projects with respect to which a permit was issued prior to the effective date of this UDO may be completed in accordance with the terms of their permits, so long as those permits were validly issued, remain unrevoked and unexpired. If a development has been approved for completion in stages, this Section shall apply only to the phase that is under construction.

Minor repairs to and routine maintenance of structures and property, where non-conforming situations exist, are permitted and encouraged. Major renovation, i.e., work estimated to cost more than fifty percent (50%) of the structural value of the structure to be renovated, shall not be permitted.

To determine the structural value and replacement cost of a lawful non-conforming structure, the owner seeking to undertake maintenance, reconstruction or repair, or restoration of a lawful non-conforming structure must submit written estimates, which must be obtained from three (3) separate contractors, detailing the cost of the applicable improvement or repair and the cost of replacement of the entire lawful non-conforming structure. The Zoning Administrator will establish the structural value and/or replacement cost based upon the average of these estimates.