Except as otherwise provided in this section, any lot, use, building, or structure existing at the time of enactment of this chapter may be continued subject to the limitations described in this article, although it is not in conformity with the standards and requirements specified by this chapter for the district in which it is located or otherwise applicable.
All nonconforming uses and signs, when discontinued for a period of one year, are nonconforming structures (except signs), when damaged or deteriorated to an extent of 50% or more of replacement costs or damaged or deteriorated to an extent less than 50% and where repair has not started within six months and repair completed within one year, shall not be continued, repaired, or reconstructed. Vacating of or nonoperative status of such uses or structures shall be conclusive evidence of discontinuation.
A. 
Any nonconforming use or structure (other than a sign) may be expanded or altered through the approval of a conditional use, provided that the applicant has met his/her burden of proof that the proposed use or structure meets all applicable requirements contained within this chapter and specifically as follows:
(1) 
Applicant shall furnish conclusive evidence that establishes that the nonconforming use or structure lawfully existed as of the adoption of this chapter or amendment thereto, creating the nonconforming condition and the extent of the nonconformity.
(2) 
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of the chapter or any amendment thereto creating the nonconformity.
(3) 
The total of all such expansions of the use or structure shall not exceed an additional 40% of the area of the lot or structure devoted to the nonconforming use as it existed on the date on which such use or structure first became a nonconformity.
(4) 
It is the express intent and purpose of this chapter that if a structure or use of land was expanded to the limits of expansion authorized by a prior zoning ordinance, no further expansion of said structure or use of land shall be authorized. In the event a nonconforming structure or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning ordinance, additional expansion, if permitted by this chapter, shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning ordinance.
(5) 
Provision for vehicular access, off-street parking and off-street loading shall be consistent with requirements stated in this chapter.
(6) 
Provision for setback, building height and building area shall be consistent with the requirements stated in this chapter for the district in which the nonconformity in question is located. The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
(7) 
Provision for buffers and screens consistent with the requirements stated in this chapter.
B. 
A nonconforming sign:
(1) 
May not be expanded.
(2) 
For a business that has ceased and is replaced by a new business, a nonconforming sign may be replaced with a like-sized and dimensioned sign if replaced within 60 days of the removal of the nonconforming sign for the former business.
(3) 
If damaged, may continue if no more than 50% of the sign is damaged and the sign is fully repaired within 90 days; otherwise, full compliance with the requirements of this chapter is required.
C. 
Any dimensional nonconformity may be reduced by permitted use, even if the reduction does not entirely eliminate the dimensional nonconformity.
A. 
A nonconforming use may be substituted by another nonconforming use of the same type.
B. 
A nonconforming use may be substituted by a nonconforming use with lesser impacts through the approval of a conditional use.
A nonconforming structure that is partially damaged or entirely destroyed by natural or accidental causes not related to demolition or neglect may be rebuilt and occupied for the same use as before the damage, provided:
A. 
The reconstructed structure shall not increase any dimensional nonconformity.
B. 
The reconstruction shall start within six months from the time of damage to the structure and be completed within one year from the time of damage to the structure.
C. 
The Zoning Officer may extend the time requirements for a single period not to exceed six months upon the applicant's demonstration of extraordinary circumstances requiring the delay of either the start or completion of reconstruction.
If a nonconforming structure becomes physically unsafe due to neglect, lack of repair or maintenance and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
A. 
Except as provided in Subsection B below, in any district, any lot of record existing in single and separate ownership on the effective date of this chapter may be used for the construction of a building or structure conforming to the use regulations of the district. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements in the district in which the lot is located.
B. 
If two or more adjacent lots in single ownership are of record as of the effective date of this chapter and one or more of the lots does not meet the requirements established for lot width and/or area for the district in which the lots are located, the lots shall be considered an undivided and integrated parcel for the purposes of this chapter.
Any use that is permitted by variance under the terms of this chapter shall not be deemed a nonconforming use. Any expansion and/or alteration of such use will require grant of another variance by the Zoning Hearing Board.