Nonconforming uses and nonconforming structures present a serious obstacle to the accomplishment of the purposes and intent of this chapter and the Master Plan upon which it is based.

Nonconforming uses and nonconforming structures impede the development of healthful, safe and economically sound neighborhoods and districts, disrupt harmonious interrelationships between otherwise permitted uses and depreciate the usefulness and convenience of the surrounding land uses and structures.

Continuation of nonconforming uses, nonconforming structures and noncomplying signs in many instances results in an unfortunate and undesired preferred status in that adherence of adjoining properties to the provisions of the Zoning Ordinance operates to place such nonconforming uses, nonconforming structures and noncomplying signs, especially commercial ones, in a monopolistic position within the district, secured by the provisions and requirements of the Zoning Ordinance itself.

Nonconforming and noncomplying signs should be classified and regulated apart from other structures and uses because they are uses in the field of vision relative to highways and other public and open places, rather than uses related directly to the land upon which they are located.

Experience has shown that generally, nonconforming uses and nonconforming structures do not tend to disappear or to be converted into conforming uses and structures by the mere passage of time.

This chapter establishes separate districts, each of which is an appropriate area for the location of the uses and structures which are permitted in that district when meeting the established standards of the district with respect to height, density, open space and other requirements. It is necessary and consistent with the establishment of these districts that nonconforming uses, nonconforming structures and noncomplying signs which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

It is the declared purpose of the land use plan upon which this chapter is based that all such nonconforming uses, nonconforming structures and noncomplying signs be eventually discontinued and the use of the premises conform to the regulations prescribed herein.

It is the purpose of this chapter (notwithstanding certain present regulations contained herein, designed with reasonable consideration of the property rights and investments involved in nonconforming uses, nonconforming structures and noncomplying signs) to provide for the regulation of such uses and structures and to specify those circumstances and conditions under which nonconforming uses, nonconforming structures and noncomplying signs shall be permitted to continue and to encourage the ultimate termination of such uses and structures.

The nonconforming use of land (where such use is the principal use of the property and no main structure is involved) may be continued for a period of not more than three years from the date the use became or becomes nonconforming, provided that there shall be no expansion or extension of such use; and if any such use is discontinued, the future use of said land shall be in conformity with the provisions of this chapter. A nonconforming use shall be considered to be abandoned and discontinued if such use ceases for a period of three years.

Except as otherwise provided in this section, a nonconforming use of a structure may be continued, but shall not thereafter be changed, except as may be authorized as a special exception by the Board (see § 265-129). A nonconforming use of a structure may be extended throughout those existing parts of the structure which were arranged or designed for such use.

A nonconforming structure (other than a sign) may be moved, extended, enlarged or structurally altered if the natural expansion and growth of the operations conducted therein require such moving, extension, enlargement or structural alteration; provided, however, that any extended or enlarged portion of the structure shall not further encroach, extend into or infringe upon the height and area provisions and restrictions of the district in which such structure is located and shall be within the confines of the lot as it existed on the zoning origin date.

A nonconforming sign may be continued and maintained, but not enlarged, moved or replaced, until removed or made to conform. Maintenance shall include repainting or repairing, replacing the sign face, and changing the sign content provided these actions do not increase the dimensions of the existing sign and do not in any way increase the extent of the sign's nonconformity.

Subject to the other provisions of this section, a nonconforming structure or a noncomplying sign which is damaged or partially destroyed by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of restoration of the entire structure or sign new, shall not be restored. In the event that such damage or destruction is 50% or less than the cost of restoration of the entire structure or sign new, such structure or sign may be restored (but not enlarged or extended onto any land not previously occupied) and its previous occupancy or use resumed, provided that such restoration is started within one year of the occurrence of the damage and diligently prosecuted to completion.

A use or a structure designed for a use which is listed as permitted in the district of its location under certain qualifying conditions contained in the use regulations of such district, such as a conditional use permitted by the Council, a special exception permitted by the Board, etc., and which exists without compliance with these conditions or a use which does not comply only because of failure to provide required automobile parking space and loading space shall have the same rights and privileges of continuance and maintenance as if it were in compliance with these conditions and requirements. This provision, however, shall not be deemed to remove the obligation to provide required automobile parking space and loading space, nor the obligation to comply with all applicable regulations of this chapter for any enlarged, changed or restored portion of the use or structure at the time of such enlargement, change or restoration.

A use of land lawfully existing on the effective date of this chapter or subsequent applicable amendment thereto conforming as to use, but not complying with the area regulations of the district in which it is located, shall have the same rights and privileges of continuance, maintenance, enlargement and expansion as are permitted for a use complying with such area regulations.

A structure lawfully existing on the effective date of this chapter or subsequent applicable amendment thereto designed to comply with the use regulations of the district in which it is located, but not complying with height or area regulations of such district: