Any lot lawfully platted and recorded prior to January 1, 2008, which does not comply with the lot size requirements of the district in which it is located as to lot area and lot width, may be used for the erection of a building intended for a use permitted in the district in which the lot is located provided that such building complies with all setback and other applicable requirements of this title. (Ord., 10-14-2008)

A lawfully existing, nonconforming building or structure which does not contain any nonconforming use, but which does not comply with the applicable setback requirements or building bulk regulations in the district in which it is located, may be continued except as otherwise described by this chapter. Nonconforming buildings and structures shall be subject to the following regulations:

   A.   Enlargement, Repair Or Alteration:

      1.   A nonconforming building or structure may be enlarged, maintained, repaired or structurally altered. No such enlargement, maintenance or repair, or structural alteration shall create either an additional nonconformity or increase the degree of the existing nonconformity of all or any part of the building or structure. Damaged or destroyed buildings or structures shall be subject to the restrictions contained in subsection B of this section.

      2.   Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of subsection B of this section) in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition.

   B.   Damage Or Destruction: In the event that a nonconforming building or structure is damaged or destroyed by any means, such building or structure may be restored or reconstructed, providing such restoration is on the existing footing of such buildings or structures. If such restoration or reconstruction is not on the existing footing, then such building shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located.

   C.   Moving: No nonconforming building or structure shall be moved in whole or in part for any distance to any location on the same or any other lot unless the entire building or structure shall then conform to the regulations of the district in which it is located after being moved. (Ord., 10-14-2008)

When the applicable district regulations do not allow as a permitted use either an existing use of part or all of a building or other structure, or an existing use of land not involving a building or structure, such existing use may be continued except as otherwise described by this chapter.

   A.   Change:

      1.   A nonconforming use of a building or other structure, all or substantially all of which was designed or intended for a use which is not permitted in the district of which it is located, shall not be changed to any use other than a use permitted in the district in which the land is located. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to a nonconforming use.

      2.   The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.

      3.   A nonconforming use in effect at the time an amendatory ordinance becomes effective shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is located.

   B.   Discontinuance: In the event that operation of a nonconforming use of land, building or structure is discontinued for twelve (12) months, such nonconforming use shall not thereafter be reestablished, and any subsequent use or occupancy of such land shall conform to the regulations of the district of which it is located. Intent to resume active operation shall not affect the foregoing restriction.

   C.   Nonconforming Accessory Use: No nonconforming accessory use shall continue after the principal use to which it is necessary has been abolished. (Ord., 10-14-2008)

Where a use exists on the effective date hereof and is permitted by this title only as a special use in the district in which it is located, such use shall not be deemed a nonconforming use, but, shall, without any further action, be deemed a lawful special use in such district. However, no such lawful special use shall be substantially expanded unless a supplemental special use permit is secured in accordance with the provisions of section 11-18-7 of this title. (Ord., 10-14-2008)