Any use, structure, lot, site element, or sign that legally existed as of the effective date of this Ordinance, and any use, structure, lot, site element, or sign that has been made nonconforming as of the effective date of this Ordinance, or any subsequent amendments, may continue subject to the provisions of this Article.

Any use, structure, lot, site element, or sign established or constructed in violation of the prior Ordinance (prior to the effective date of the Ordinance) is not regarded as lawfully nonconforming and is not entitled to any of these rights.

All police power regulations enacted to promote public health, safety, and welfare, including, but not limited to, all building, fire, and health codes apply to nonconformities.

A nonconforming use of a structure or land cannot be expanded, extended, enlarged, or increased in intensity. Such prohibited activity includes additions or enlargements of any structure devoted entirely to a nonconforming use, and any expansion, extension, or relocation of a nonconforming use to any other structure, any other portion of the floor area, or any land area currently not occupied by such nonconforming use.

A nonconforming use can only be changed to a use allowed within the zoning district where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to a use that is not allowed in the district. A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this Ordinance is deemed an abandonment of the previously existing nonconforming use.

If a nonconforming use is discontinued or abandoned for a continuous period of 18 months, the nonconforming use terminates automatically. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. A period of discontinuance caused through no fault of the property owner or tenant is not included in calculating the length of discontinuance or abandonment for this section. When a nonconforming use is offered for sale or lease, such sale period is not included in calculating the length of discontinuance or abandonment for this section; however, all equipment, building design, and similar use infrastructure must be maintained in working condition during the sale or lease period. The Zoning Officer may request evidence of active marketing during this period.

In the event that any structure that is devoted in whole or in part to a nonconforming use is partially damaged or destroyed through no fault of the property owner or tenant, the nonconforming use may be re-established provided that no new nonconforming uses are created and the degree of the previous nonconformity is not increased, and a building permit is obtained for such rebuilding, restoration, repair, or reconstruction within 18 months of the date of damage or destruction, and a certificate of occupancy is obtained prior to expiration of the building permit. In the event that a building permit is not obtained within 12 months, then the use cannot be re-established. If the structure containing the nonconforming use is also a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with Section 16.3.

Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

No structural alterations are permitted on any nonconforming structure, except in the following situations:

A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot only if the structure conforms to all regulations of the zoning district where it is relocated.

If a nonconforming structure is partially destroyed or damaged through no fault of the property owner or tenant, regardless of the percent of damage, it may be rebuilt to its original condition before such casualty or loss if a building permit is obtained for such rebuilding, restoration, repair, or reconstruction within 12 months of the date of damage or destruction, and a certificate of occupancy is obtained prior to expiration of the building permit. In the event that the building permit is not obtained within 12 months, or if it is expired, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located. No additional nonconformities may be created as part of the rebuilding to the original condition.

As of the effective date of this Ordinance, when an existing structure does not conform to the required build-to zone or build-to line of the applicable district, the structure is deemed exempt from that standard and may be expanded or altered without having to conform to the build-to zone or build-to line of the district until the structure's building footprint is expanded by 50% or more. If expansions to the structure are incremental, this is calculated as the sum total of all expansions that occur after the effective date of this Ordinance. Once the principal structure is demolished, deemed conforming status is null and void.

A nonconforming lot of record may be used for use allowed within the zoning district.

Development of a nonconforming lot of record must meet all applicable dimensional and design regulations of the district in which it is located with the exception of the lot area and/or width requirement that renders it a nonconforming lot.

A nonconforming lot is permitted to consolidate with an adjacent lot, even if such consolidation still does not conform to the lot dimension requirements of the zoning district in which it is located. Such consolidation is seen as a reduction of the nonconformity.

Normal maintenance and incidental repair to a nonconforming site element may be performed. However, no repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

A nonconforming permanent sign and sign structure may remain in use so long as it remains otherwise lawful and has not been damaged or destroyed to the extent of less than 50% of its value. A nonconforming permanent sign and sign structure that is damaged or destroyed to the extent of 50% or more of its value cannot be restored or repaired unless it conforms to all applicable regulations for the district.

Sign value, for the purposes of item A above, is determined by comparing a repair cost estimate of the damaged sign with an estimate of the cost of a new identical sign. Sign owners must supply such estimates to the Zoning Officer.

Once the sign and/or sign structure has been removed, it cannot be restored or repaired unless it conforms to all applicable regulations for the district.

All temporary nonconforming signs must be removed or brought into conformance within 60 days of the effective date of this Ordinance.

The sign face of an existing nonconforming permanent sign may be replaced, but the structure cannot be altered to accommodate such change. A change of a sign face requires a sign permit.

No nonconforming sign and sign structure may be relocated, in whole or in part, to any other location on the same or other lot, unless the entire sign and sign structure conforms to all regulations applicable to the lot where the sign is relocated.

No nonconforming sign can be altered or enlarged in a way that increases the nonconformity of the sign or sign structure. This does not include normal maintenance and cleaning, or changing of the sign face.

Nonconforming billboards are considered nonconforming signs and subject to the standards of this section.

Certain signs, that could be considered nonconforming may be designated classic signs and are therefore subject to the provisions of § 315-12.10.