Within the districts established by this chapter or amendments to this chapter, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this section to permit such nonconformance to continue, under regulations contained in this section, until they are removed, but not to encourage their survival. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved.

It is further the intent of this section that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as provided in this section, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this section.

Any use or structure that does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

The lawful use of land existing on the original ordinance adoption date of November 26, 2002, of this chapter [Ordinance 2002-28], although it does not conform to the provisions in this chapter, may be continued until termination is required in accordance with the provisions of this section. During the period between designation as a nonconforming land use activity and notification of a prescribed termination date, if discontinuance occurs, any future use of the premises must be in conformity with the general provisions of this chapter.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:

It shall be the responsibility of the owner, operator or occupant to provide proof that a nonconforming structure or use of land or building existed prior to the original ordinance adoption date of November 26, 2002, of this chapter [Ordinance 2002-28].

Nothing in this section shall prevent the restoration of a building destroyed by fire, explosion, other casualty, act of God or a public enemy, nor the continued occupancy or use of such a building or part that existed at the time of such destruction.

No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only the exact type of nonconforming use which existed on the property on the original ordinance adoption date of November 26, 2002, of this chapter [Ordinance 2002-28], or uses permitted by right, or approved conditional uses may be substituted for nonconforming uses or structures.

No nonconforming use or structure may be extended or enlarged and no nonconforming use of land may be enlarged or increased to occupy a greater area of land than was occupied at the time the site achieved nonconforming status.

Nonconforming status is inherent in the property or use. The sale or lease of a legally nonconforming parcel of property or structure shall in no way limit the use of that property or structure for its legally nonconforming use or activity; however, all other provisions of this section and this chapter shall apply.

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances: