A.   A nonconforming use, nonconforming structure, or nonconforming lot may be continued as hereinafter provided.

      B.   Where two or more adjacent lots, one or more of which is nonconforming based on lot size, are owned by the same owner, and the ownership of the lots is concurrent, such lots shall be combined to create conforming lots, or to lessen the nonconformity if it is not possible to create all conforming lots. “Owned by the same owner” indicates ownership separate and distinct from the owners of adjacent properties. Corporations organized for the purpose of avoiding this definition are not recognized as separate owners.

   A.   A nonconforming structure housing a conforming use may be expanded by right, if the expansion does not create a new or additional nonconforming condition. The nonconforming structure may also be expanded by right, if continuing the exterior face of that portion of the structure that is nonconforming does not extend further into the required front-, side-, or rear yards (i.e., does not further exacerbate the dimensional violation) and, when implemented, does not violate more than one boundary of the building envelope. Such an expansion shall not include additional encroachments out of the building envelope as permitted in Sections 501.3.C and 501.3.D for conforming structures.

   An unimproved nonconforming lot may be developed by right for uses allowed in the particular zoning district under the following conditions:

      1.   The lot is nonconforming due to lot size only.

      2.   The lot is in single and separate ownership apart from any adjacent parcel that precludes its combination with another parcel; or, after combination with another eligible lot it remains nonconforming due to lot size.

      3.   All structures shall meet applicable setback requirements.

      4.   All other development aspects of the lot conform to this Chapter.

   B.   A conforming or a nonconforming structure housing a nonconforming use may be structurally expanded by special exception if the expansion complies with all other requirements of this Ordinance and does not exceed 50% of the footprint in existence at the time the use became nonconforming. The nonconforming use may be expanded only under the provisions of § 1102.C., below.

   C.   The nonconforming use of land or of a structure may be expanded only by special exception, and provided that:

      1.   The proposed expansion shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to expand a nonconforming use as described in this Article shall not be construed to mean that a new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.

      2.   The proposed use expansion shall conform to all other requirements of the District in which said expansion is located and to all requirements for the proposed use in those districts where that is permitted.

   D.   Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for further expansion under this Ordinance. A structure that is nonconforming in terms of height shall not be expanded to increase the height.

   Whenever a nonconforming use has been discontinued for a continuous period of 12 months such use shall not thereafter be re-established, and any future use of such land or building shall be in conformity with the provisions of this Ordinance.

(Ord. passed 10-2-2007, § 1103)

   Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:

      A.   Such change shall be permitted only by special exception, under the provisions of this Ordinance.

      B.   The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:

         (1)   Traffic generation and congestion including truck, passenger, car and pedestrian traffic.

         (2)   Noise, smoke, dust, fumes, vapors, heat, odor, glare, or vibration.

         (3)   Waste disposal.

         (4)   Appearance.

         (5)   Hours of operation.

         (6)   Outdoor storage.

   A.   A non-conforming structure that has been damaged or destroyed by fire, explosion, accident, or calamity (as contrasted to deterioration due to time, neglect, or intentional demolition) may be reconstructed and used, provided that:

      1.   The reconstructed building shall not exceed in height, area, or volume the building destroyed, except that expansion may be made as provided for in Sections 1102.A or 1102.B;

      2.   Building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption.

   B.   An otherwise conforming structure, housing a non-conforming use, that has been damaged or destroyed by fire, explosion, accident, or calamity, (as contrasted to deterioration due to time, neglect, or intentional demolition) may be reconstructed and used, provided that expansion may only be made as provided in § 1102.B.

   C.   A non-conforming structure on the Historic Resource List may be reconstructed or rebuilt under any circumstance of voluntary, approved and permitted demolition (see §§ 514.3.A and 514.4.C) provided:

      1.   The use of said structure is conforming.

      2.    The façade of the structure is rebuilt using as much of the original materials as practical and the final form of the structure shall not substantially alter the appearance of the original structure, as established by photographs or certified copies of original drawings.

      3.   Expansion during rebuilding may be allowed as provided in § 1102.A.

   A nonconforming building which has been legally condemned shall not be rebuilt or used for nonconforming purposes.

   Any sign, signboard or advertising device existing at the time of the passing of this Ordinance that does not conform in use, location, height or size, with the regulation of the district in which it is located shall be considered a non-conforming structure. If more than 60 percent of a nonconforming sign has been destroyed or removed, it may not be renewed or replaced except with a conforming sign.

   No nonconforming use shall be extended to displace a conforming use.

   The Zoning Officer shall accumulate registrations of all uses that are nonconforming under the terms of this Ordinance. The record of nonconforming uses shall certify, after inspection, the extent and kind of use and disposition of the buildings and land. It is the responsibility of the owner of the nonconforming use to provide evidence of the legality of the nonconformity.