As used in this chapter, the following terms shall have the
meanings indicated:
NONCONFORMING LOT
A lot, the area or dimensions of which were lawful prior
to the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply
with the applicable area, dimensional, parking, buffer, environmental
or other provisions of this chapter or amendment heretofore or hereafter
enacted, where such structure lawfully existed prior to enactment
of such ordinance or amendment. Such nonconforming structures include,
but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such ordinance or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or in the case of an amendment to this chapter, then
at the time of such amendment, may be continued except as hereinafter
provided, although such use or structure does not conform to the provisions
of this chapter or subsequent amendments.
A nonconforming building or any building containing a nonconforming
use, wholly or partially destroyed by fire, explosion, flood or other
phenomenon, or legally condemned, may be reconstructed, provided that:
A. A reconstructed building which contained a nonconforming use shall be used for the same nonconforming use except in accordance with §
500-2907.
B. The reconstructed building shall not exceed in height, area and volume the building destroyed or condemned, except in accordance with §
500-2904.
C. Reconstruction of the building shall be commenced within one year
from the date the building was destroyed or condemned and shall be
carried on without interruption.
If a nonconforming use of a building or land is abandoned for
a continuous period of one year, subsequent use of such building shall
be in conformity with the provisions of this chapter. For the purpose
of this chapter, abandonment shall commence when the nonconforming
use ceases.