Within the Districts established by this Chapter, or amendments that may later be adopted, there exist lots, buildings, structures and uses of land, buildings and structures which were lawful before this Chapter was adopted or amended but which will be prohibited, regulated or restricted under the terms of this Chapter, or future amendments. It is the intent of this Article to permit these nonconformities to continue until they are voluntarily removed or otherwise brought into compliance with this Chapter, but not to encourage their continuation unless specifically authorized herein. Except as otherwise provided, it is the further intent of this Chapter that nonconformities shall not be enlarged upon, expanded, intensified or extended nor be used as a basis for adding other structures or uses prohibited within the District.

(Ord. No. 11-2011, § 1, 2-28-2011)

The lawful use of a building existing on the effective date of this Chapter, or an applicable amendment to this Chapter may be continued, although such use does not conform to this Chapter. Such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If the nonconforming use of such building is discontinued for a continuous period of not less than 180 days, every future use of the premises shall be in conformity with this Chapter.

(Ord. No. 11-2011, § 1, 2-28-2011)

The lawful use of land existing on the effective date of this Chapter, or an applicable amendment to this Chapter, although such use does not conform to this Chapter, may be continued. However, no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use on such effective date. If the nonconforming use is discontinued for a continuous period of not less than 180 days, any further use of the land shall be in conformity with this Chapter.

(Ord. No. 11-2011, § 1, 2-28-2011)

(a)

If a building or structure was legally permitted and constructed, but is no longer conforming to the area, height and setback requirements because of the subsequent adoption or amendment to this Chapter, it shall be considered a nonconforming building or structure. Except for signs (which are subject to Article VIII of this Chapter), nonconforming buildings or structures may remain on the property. No physical expansion of the nonconforming building or structure shall be permitted, except that where the nonconformity is created by an encroachment into a required yard setback, such nonconforming building or structure may be added onto or altered in such a way so as not to encroach further into such required setback. Structural changes which do not increase the degree of nonconformity shall be permitted.

(b)

Except for signs (which are subject to Article VIII of this Chapter), a nonconforming building or structure, or a portion thereof, if damaged, deteriorated or destroyed to the extent of 50 percent or more of its current assessed valuation, may only be reconstructed in accordance with the regulations of the District in which it is located, except that such an existing nonconforming building or structure, may be repaired or rebuilt in accordance with pre-existing nonconformities if the Building Official determines that the building or structure is destroyed, in whole or in part, by fire, termites, explosion, casualty or other Act of God, and a building permit is issued for said repair or rebuild within 180 days of such determination by the Building Official and such repair or rebuild is completed in accordance with said permit.

(Ord. No. 11-2011, § 1, 2-28-2011)

Where a lot has an area or width, or both, which is less than the minimum requirements in the zoning district in which it is located and was a lot of record on the effective date of the ordinance restricting said area or width, the lot may be used for any use permitted in the district, provided that all other requirements of the district are met.

(Ord. No. 11-2011, § 1, 2-28-2011)