Within the districts established by this chapter, there exist certain incompatible lots, buildings, structures, signs and uses of land which were lawful before these regulations were adopted but which would be prohibited, regulated or restricted under the terms of these regulations or future amendments. It is the intention of this article to permit these nonconformities to continue but that nonconformities shall not be enlarged upon, neither expanded or extended, nor be used as grounds for variances or for adding other structures or uses prohibited elsewhere in the same district.

(Ord. of 10-2-1995, § 86-501)

(a)

In any district, notwithstanding limitations imposed by other provisions of these regulations, a single-family dwelling and customary accessory buildings or any other permitted use may be erected on any single lot of record existing at the effective date of the ordinance from which this chapter is derived, even though such lot fails to meet the requirements for area or width, or both, applicable to the particular district involved; provided that building setbacks are observed and the lot shall otherwise conform to the regulations for the district in which the lot is located.

(b)

Except for those lots described in subsection (a) of this section, if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of the ordinance from which these regulations are derived, and if all or part of the lots do not meet the requirements for lot width and area as established by these regulations, the lands involved shall be considered an undivided parcel for the purposes of these regulations, and no portion of said parcel shall be used which does not meet lot width and area requirements established by these regulations, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the applicable requirements.

(Ord. of 10-2-1995, § 86-502)

(a)

The lawful use of any building, structure, sign or land existing at the time of enactment of the ordinance from which these regulations are derived may be continued, even though such use does not conform with the provisions of these regulations, except that the use of a building, structure or land containing a nonconforming use shall not be:

(1)

Changed from its existing nonconforming use to any other nonconforming use;

(2)

Reestablished after discontinuance or abandonment for six months. For purposes of this section a use shall be considered discontinued or abandoned if it has not been actively engaged in any nonconforming activity during the subject period;

(3)

Expanded, enlarged or extended, unless such use is changed to a use permitted in the district in which such use is located;

(4)

Rebuilt, altered or repaired after damage exceeding 50 percent of its replacement value at the time of destruction as determined by the building official and provided such rebuilding, alteration or repair is completed within one year of such damage;

(5)

Moved in whole or in part to any other portion of the lot occupied by such use, except in conformity with these regulations.

(b)

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure, or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official.

(c)

Changes in ownership or tenancy of a nonconforming use are permitted.

(Ord. of 10-2-1995, § 86-503)

A nonconforming building which contains a conforming use may be expanded, enlarged or extended provided that any such additions meet the applicable yard and building setbacks, buffer and landscape strip requirements and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within which such building is located.

(Ord. of 10-2-1995, § 86-504)

Nothing in this article 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 adoption of the ordinance from which these regulations are derived.

(Ord. of 10-2-1995, § 86-505)