A nonconforming use may be continued and a nonconforming structure may continue to be occupied except as follows:

A.

If a nonconforming use is discontinued for a period of one (1) year, the structure or tract of land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

B.

A nonconforming structure which has been damaged by fire or other unforeseen causes shall thereafter be occupied and used only for a conforming use unless the damaged structure is restored and occupied within one (1) year of the structure's damage or receipt of an insurance claim, whichever is later.

(Prior code § 13-12-010)

A nonconforming use may be changed only to a conforming use unless a variance is granted in accordance with the provisions of this title.

(Prior code § 13-12-020)

A nonconforming structure may be enlarged only if such alteration will not further violate the building setback and off-street parking provisions of this title.

(Prior code § 13-12-030)

A.

In any district principal and customary accessory buildings may be erected on any legally existing single lot of record that existed prior to the effective date of this title. Such lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, width, or both area and width; provided, however, that the requirements of the district for minimum yard dimensions shall be met unless a variance to the requirements has been granted.

B.

If two or more legally existing lots, or combinations of legally existing lots and portions of lots with continuous frontage in single ownership are of record prior to the effective date of this title, and part or all of the lots do not meet the requirements of the district in which they are located as to area, width or both minimum area and width, for the purposes of this title, the lands shall be considered to be an undivided parcel. No portion of the parcel shall be sold or used in a manner that diminishes compliance with the lot width and area requirements established by this title unless a variance permitting such lots to be considered and regulated as nonconforming lots of record in separate ownership is granted.

(Prior code § 13-12-040)