A.

For any lot that has been recorded prior to the effective date of an amendment to the text or Official Land Development Maps affecting the lot, a building permit may be issued for any use of the property otherwise allowed under this Ordinance, provided that all minimum building setbacks are met.

EXCEPTION: Within the W-P Watershed Protection Overlay District, use of lots of record and lots shown on approved Preliminary Subdivision Plats are governed by additional restrictions; see Article 4, Part 4-2, Sections 4-2-160 and 4-2-170.

B.

For a property on which a use, building structure or other improvements existed in conformity with this Ordinance prior to the effective date of an amendment to the text or Official Land Development Maps affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for Continuance of Nonconforming Uses and Buildings, below.

C.

Construction of any use, building, structure, or other improvements for which a building permit had been issued in conformity with this Ordinance prior to the effective date of any amendment to the text or Official Land Development Maps affecting the property may continue to completion as though no charge had occurred and, upon completion, shall be governed by Section 13-1-120 of this Article, Continuance of Nonconforming Uses and Buildings.

D.

Construction of any portion of a subdivision or other land development project for which Preliminary Plat Approval and a land disturbing permit has been granted prior to the effective date of an amendment to the text or Official Land Development Maps affecting the property may continue to completion as though no change had occurred and, upon completion, may be recorded showing lot sizes, frontages and setback lines conforming to the requirements of this Ordinance prior to said amendment. Building permits may be issued on the lots pursuant to paragraph A in this Section.

A lawful use of or vested right to use any building, structure, or land existing at the time of the adoption of this Ordinance or the adoption of any amendment thereto may be continued subject to the restrictions contained in this Ordinance, except as follows:

A.

A nonconforming use or structure shall not be changed to another nonconforming use.

B.

A nonconforming use or structure shall not be extended or enlarged beyond the area of use or the size of the structure as it existed on the date of the adoption of this Ordinance or the adoption of any amendments thereto. However, such use or structure may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

C.

Notwithstanding Paragraph B of this section, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new non-conformities or increase the extent of existing non-conformities with respect to such matters as setback and parking requirements.

D.

Any intended nonconforming use not yet commenced, for which a vested right was acquired prior to the adoption of this Ordinance or the adoption of an amendment thereto, shall be prohibited unless such intended nonconforming use for which a vested right was acquired is actually commenced within one (1) year of the adoption of this Ordinance or the adoption of an amendment thereto, regardless of the intent or expectation to commence or abandon such nonconforming use.

E.

No building or use shall be rebuilt, altered or repaired after damage exceeding fifty percent (50%) of its replacement cost at the time of destruction, except in conformity with this Ordinance.

A pre-existing use that was legally established, but became a nonconforming use after the adoption of this Ordinance and that has been discontinued for a continuous period of twelve (12) months, whether or not abandonment of the use is intended shall not be reestablished and any future use shall be in conformity with the provisions of this Ordinance.

A.

Any use or lot of record that was legally established, but became nonconforming as a direct result of Government action, such as, but not limited to, the purchase, condemnation, or dedication of property accepted for public right-of-way or use, shall not be treated as nonconforming.

B.

Where government action impedes access to land, the time of any resulting discontinuance of a nonconforming use shall not be counted towards the time periods of Section 13-1-120 of this Article.