The intent of this section is to recognize certain uses, lots
of record and structures which legally existed at the time of enactment
of this chapter and which would be prohibited or unreasonably restricted
by the provisions, regulations, standards or procedures herein. This
section shall not, however, be construed to perpetuate or encourage
the survival or expansion of such uses, lots or structures.
Any use of land or structures which by the enactment of this
chapter is made nonconforming may be continued on the premises and
to the extent preexisting, provided that:
A. No nonconforming use shall be expanded, extended, or otherwise increased
so as to occupy a greater area of land than was committed to the nonconforming
use at the time of such enactment.
B. No nonconforming use shall be extended so as to displace a conforming
use.
C. Any nonconforming use of land or structures which has ceased, for
any reason, for a continuous period of one year beginning on and prior
to the date of adoption of this chapter shall be considered abandoned
or discontinued and shall not be reestablished, and only conforming
uses shall be thereafter permitted.
D. A nonconforming use of land or structures once changed to a conforming
use shall not be permitted to change back to a nonconforming use.
Any lot of record held under separate ownership prior to the
enactment of this chapter and having lot width or lot depth, or both,
less than the minimum area requirements set forth in this chapter
may be developed with any compatible use listed for the zone in which
such nonconforming lot is located without requiring a variance, provided
that such lot:
A. Does not adjoin other property held by the same owner where sufficient
land could be transferred to eliminate the nonconformity without reducing
such other property to nonconforming dimensions; and
B. Has sufficient area, width and depth to undertake development which
will:
(1)
Maintain the required minimum front setback;
(2)
Meet or exceed at least 2/3 of the required minimum side and
rear setbacks;
(3)
Not exceed the maximum permitted lot coverage; and
(4)
Otherwise satisfies all applicable provisions of this chapter.