All buildings, structures, uses of land, uses of buildings, lots and signs which do not conform to all of the applicable regulations of the district in which they are located or other applicable requirements of this Chapter, shall be considered as nonconforming provided that:

      A.   They lawfully existed on the date of passage of this Chapter.

      B.   They lawfully existed on the date of passage of a text or map amendment to this Chapter, which amendment caused the nonconforming status.

(Ord. 379, 7/6/2009, § 701)

   Nonconforming status shall be classified as follows:

      A.   Nonconforming Use. A use, whether of land or structure, that does not comply with the applicable use provisions of this Chapter or amendment heretofore and hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinances and amendment.

      B.   Nonconforming Building or Structure. Any existing lawful building or structure that does not conform to the height, location, size, bulk or other dimensional requirements of this Chapter or amendments heretofore and hereafter enacted where such structure lawfully existed prior to the enactment of this Chapter or amendment. This does not include signs.

      C.   Nonconforming Lot. Any lot, the area or dimension which was lawful prior to the adoption or amendment of this Chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

      D.   Nonconforming Signs. Any sign, signboard, billboard or advertising device existing at the time of the passing of this Chapter that does not conform in use, location, height or size, with the regulations of the district in which it is located.

(Ord. 379, 7/6/2009, § 702)

   The following regulations shall govern all properties to which nonconforming status is applied:

      A.   Nonconforming status shall continue, and a property may continue to be used as nonconforming until it complies with the requirements of this Chapter.

      B.   Change of Use.

         (1)   A nonconforming use may be changed only to a conforming use.

         (2)   If a nonconforming use is changed to a conforming use, then the previous nonconforming status shall become null and void in accordance with paragraph .C, below.

      C.   Discontinuance. A nonconforming use, when discontinued, may be resumed any time within 1 year from such discontinuance, but not thereafter.

      D.   Extension or Expansion. A nonconforming use, building or structure, not including signs, may be extended or expanded in compliance with the following:

         (1)   The parcel on which extension or expansion occurs shall include only that lot, held in single and separate ownership, on which the use, building or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.

         (2)   Nonconforming use of a building may be extended throughout the building.

         (3)   A building which houses a nonconforming use may be expanded by no more than 25 percent of its gross floor area at the time it became nonconforming.

         (4)   A nonconforming building may be expanded by no more than 25 percent of its gross floor area at the time it became nonconforming.

         (5)   A nonconforming use of land may be expanded by no more than 10 percent of the gross lot area at the time it became nonconforming.

         (6)   Extension and/or expansion as permitted in subsection .D(1), (2), (3), (4) and (5), above, shall be permitted only to the extent that additions or expansions of a structure may extend to the plane of nonconformity and all new detached structures shall comply with the dimensional standards of the district in which the lot is located and, in the case of new construction, that the total building coverage or impervious area coverage does not exceed that permitted in the district in which the building is located.

      E.   Additional Building Regulations. The following regulations apply to buildings:

         (1)   Buildings which have building and zoning permits at the time they become nonconforming may be continued to completion. If the building was intended for a use which has become nonconforming after construction of the building had begun, the building may be occupied and used for that legal use intended at the time the building permit was issued, or for a use which is otherwise in conformance with the regulations for the zoning district in which the building is located.

         (2)   Buildings not yet under construction and without building and zoning permits shall be built and used in conformance to this Chapter.

         (3)   Nonconforming primary structures damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used as before; provided, that:

            (a)   The reconstructed building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depth, volume.

            (b)   Building reconstruction shall be started within 1 year from the date the building was damaged or destroyed, and shall be carried out without interruption.

            (c)   The building will pose no hazards to safety by virtue of its location.

         (4)   Legally condemned nonconforming buildings shall not be rebuilt or used except in conformance with this Part.

      F.   Development of Pre-existing Nonconforming Lots. Nonconforming lots of record shall be in accordance with § 27-408 of this Chapter and may be developed as any use permitted as a use by right. Building setbacks may be the average of setbacks of existing buildings within 100 feet on each side of the lot; however, maximum building coverage and height shall not exceed the standards of the zoning district in which the lot is found.

      G.   Signs. Nonconforming signs shall be regulated by Part 6 of this Chapter.

(Ord. 379, 7/6/2009, § 703)