Nonconforming lot. Any lot which legally existed at the time this chapter was enacted and which is deficient in depth, width, frontage, area or other dimensional requirements when compared to the present requirements of zoning district (see §§ 200-77 and 200-78).

Nonconforming structure. Any structure, building or sign which legally existed at the time of enactment of this chapter and which is used for a permitted use, but does not conform to the present requirements of zoning district for size, dimensions or setbacks (see §§ 200-77 and 200-79).

Nonconforming use. Any use of land, premises, building or structure, legally existing at the time of enactment of this chapter, which is not a permitted use, permitted accessory use or special use as specified in the regulations applicable to the zoning district in which such use is located §§ 200-77 and 200-80).

Construction approved prior to enactment of this chapter. Nothing contained in this chapter shall require any change in plans, construction or designation of use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit.

Transference. Rights granted to nonconforming lots, structures and uses pursuant to this article shall remain with the land when title is transferred.

No unlawful use of property existing at the time of enactment of this chapter shall be deemed a nonconforming use; no unlawful structure existing at the time of enactment of this chapter shall be deemed a nonconforming structure; no unlawful lot existing at the time of enactment of this chapter shall be deemed a nonconforming lot.

District changes, ordinance amendments. Whenever the boundaries of a zoning district are changed so as to transfer an area from one district to another district of a different classification, or whenever the text of this chapter is changed, the provisions of this article shall also apply to any use, structure or lot made nonconforming by district change or chapter amendment.

Existing special uses deemed conforming. Any use lawfully existing at the time of enactment of this chapter, in the zoning district in which such use is classified herein as a special use, shall, without further action, be deemed a conforming use, provided any extensions of or addition to such use shall require a special use permit and, if applicable, site plan review.

On any lot nonconforming because of insufficient width, side yard requirements shall be reduced in accordance with the following standards:

Depth or area. On any lot nonconforming because of insufficient depth or area (acreage), front setback requirements shall not apply for additions to existing buildings located on such lots, provided such additions shall not exceed the present front line of the main structure if such main structure is located closer to the front property line than would be permitted by this chapter.

Subdivision. A nonconforming lot may be subdivided if every part of such lot is purchased by the owners of adjoining properties to increase the dimensions of such adjoining properties. Otherwise, the dimensions of a nonconforming lot may not be reduced.

Nonconforming structures may be enlarged or altered, provided construction will not result in the increase of any nonconformity in height, setback, lot coverage or other dimensional requirement; all new construction shall conform to height, setback, size, lot coverage and other applicable dimensional requirements.

Nothing in this article shall prevent normal maintenance and repair of any nonconforming building or structure.

No nonconforming structure shall be moved to another location where such building or structure would also be nonconforming.

Any nonconforming structure may be restored or reconstructed after being destroyed or damaged by fire, accident or other act of God, provided that the restoration or reconstruction is started within 12 months and completed within 18 months after such damage is incurred.

Nonconforming use of land. Where no building is involved, the nonconforming use of land may be continued; provided, however:

Nonconforming use of structures. No building or structure used for a nonconforming use shall be enlarged, extended or moved nor additional structures allowed; however, the Zoning Board of Appeals may grant a special use permit allowing a building or structure containing the nonconforming use to be enlarged or an additional structure to be constructed to an extent not exceeding 25% of the gross floor area of the existing building or buildings devoted to a nonconforming use at the time of enactment of this chapter. The Board shall apply the standards of Subsection D below.

Once changed to a conforming use, the use of any structure shall not be permitted to revert to a nonconforming use; however, the Zoning Board of Appeals may grant a special use permit allowing nonconforming use of a structure to be changed to another nonconforming use. The Board shall apply the standard of Subsection D below.

In granting special use permits for changes permitted in Subsections B and C, the Zoning Board of Appeals shall find the following:

Maintenance and repair work as is required to keep a structure housing a nonconforming use in sound condition shall be permitted.

Any nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of enactment of this chapter.

Whenever a nonconforming use of a structure has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be conforming to the provisions of this chapter. Discontinuance necessary pending action by probate court shall not be counted as part of the one-year period.

If a building or structure or part thereof containing a nonconforming use has been damaged or partially destroyed by any cause, it may not be reconstructed or restored unless reconstruction or restoration plans are submitted to the Zoning Board of Appeals for approval within 12 months of said destruction damage. Such nonconforming use shall be reconstructed or restored with the same or less floor area and cubic content, and with the same or improved site layout as that of the original structure. This subsection shall only apply if the damage exceeds 33% of the value of the structure at the time of damage.