(A)   The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located tend to impede appropriate development.

   (B)   For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the creation of nuisances and/or the lowering of property values.

   (C)   The regulations of this subchapter are intended to alleviate the existing/potential problems by encouraging the gradual elimination of nonconformities.

(1994 Code, § 40-8-1)

   (A)   Does not conform. Any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located may, nonetheless, be developed for any use permitted in that district if the vacant lot:

      (1)   Was recorded in the County Recorder of Deeds office prior to the effective date of this chapter (or pertinent amendment thereto); and

      (2)   Is at least 50 feet wide.

   (B)   Two or more lots in common ownership.

      (1)   If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth or area requirements of the district in which it is located, the land involved shall be considered an undivided parcel.

      (2)   No portion of any parcel shall be developed except in compliance with this chapter, nor shall any parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(1994 Code, § 40-8-2)

   Any otherwise lawful structure which exists on the effective date of this chapter but which could not be erected under the terms of this chapter because of requirements/restrictions concerning lot size, height, setbacks or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions.

   (A)   Maintenance. A nonconforming structure may be maintained by ordinary repairs.

   (B)   Enlargement, alterations. A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity.

   (C)   Relocation. A nonconforming structure shall not be moved unless, after relocation, it will conform to all the regulations of the district in which it will be situated.

   (D)   Reconstruction. A nonconforming structure which is destroyed or damaged by any means shall not be reconstructed if the Administrator determines that the cost of the reconstruction exceeds 50% of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the Administrator determines the estimated cost of reconstruction is less than 50% of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided the work starts within six months from the date the damage occurred and is diligently pursued to completion.

   (E)   Other. The Administrator may require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the Administrator.

(1994 Code, § 40-8-3)

   Any otherwise lawful use existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.

   (A)   Extension/intensification. No nonconforming use occupying a structure may be extended to any part(s) of the structure not intended or designed for the use, nor shall the nonconforming use be extended to occupy any land outside the structure. Similarly, no nonconforming use of land shall be intensified, or extended to occupy a greater area of land than was occupied by the use on the effective date of this chapter.

   (B)   Relocation. No nonconforming use shall be moved, in whole or in part unless, upon relocation, it will conform to all pertinent regulations of the district in which it will be located.

   (C)   Change of use. A nonconforming use shall not be changed except to a use that is allowed under the applicable district regulations.

   (D)   Discontinuance. When a nonconforming use is discontinued for a period of 90 days, it shall not thereafter be resumed, and any subsequent use of the land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

(1994 Code, § 40-8-4)

   The regulations of this subchapter shall not affect the terms of any permit issued prior to the effective date of this chapter or any pertinent amendment thereto provided that the work authorized by the permit is completed within a reasonable time.

(1994 Code, § 40-8-5)