A. 
Continuation of preexisting uses, structures and signs.
(1) 
Any lawful land, buildings, and structures and the uses thereof existing at the time of the enactment or subsequent amendment of this chapter which do not conform to the zoning prescribed for the district in which they are situated shall be considered nonconforming.
(2) 
Nonconforming land, buildings, signs and structures and the uses thereof may be continued only so long as:
(a) 
The then-existing or a more restricted use continues;
(b) 
Such use is not discontinued for more than two years; and
(c) 
The buildings or structures are maintained in their then structural condition.
(3) 
The burden of establishing nonconforming status shall be that of the owner of the property.
(4) 
If any change of ownership, possession or lease of any legally nonconforming use, structure or sign occurs, the use, structure or sign may continue according to the requirements of this § 220-31.
(5) 
When the boundaries of a district are changed, any uses, structures or signs which become nonconforming as a result of such change shall be subject to the provisions of this § 220-31.
B. 
Discontinuance.
(1) 
If any legally nonconforming use is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed to be abandoned, and any use thereafter shall conform to the requirements of this chapter.
(2) 
Seasonal legally nonconforming uses that have been in continuous operation for a period of two years or more prior to the adoption of this chapter may be continued.
(3) 
A nonconforming sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. Following the expiration of the two-year period, any abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located upon notice by the Zoning Administrator. After reasonable notice has been given, the Zoning Administrator, or his agents, may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property.
C. 
Reestablishing a discontinued nonconforming use. Any use that was legally nonconforming under the provisions of this § 220-31 and that was discontinued due to abandonment may be reestablished by obtaining a special use permit. Such special use permits shall be granted only for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional requirements or other requirements. Such requests to reestablish an abandoned use shall be considered following the procedures for special use permits in this chapter.
D. 
Nonconforming uses.
(1) 
Whenever a nonconforming use is enlarged or extended beyond the size, character, or intensity of the use as it existed at the time that it became nonconforming, the nonconforming status of such use shall terminate and become unlawful. Any subsequent use shall conform to the regulations applicable in the district in which it is located. When a use is regulated by this chapter in a quantifiable manner, including but not limited to regulations limiting the number of unrelated occupants permitted in a dwelling unit and limiting the density of dwelling units, any quantifiable increase shall constitute an enlargement or extension beyond the size, character, or intensity of the use.
(2) 
If a nonconforming use is changed to a more restricted nonconforming use for a period of more than two years, the original nonconforming use shall be deemed abandoned and the use shall not thereafter be changed back to the original nonconforming use.
(3) 
No building or structure associated with a nonconforming use shall be structurally altered, as provided in the Uniform Statewide Building Code, unless:
(a) 
A zoning verification letter has been received documenting the existence and extent of the nonconforming use; and
(b) 
The structural alteration to the building or structure does not increase or extend the square footage dedicated to the nonconforming use. Any use of new square footage added to the building or structure must be a use otherwise permitted in the zoning district.
(4) 
If a building or structure occupied by a nonconforming use is damaged or destroyed by a natural disaster or an act of God, then the building or structure may be restored and nonconforming use continued so long as the use is not discontinued for more than two years.
E. 
Nonconforming structures.
(1) 
The owner of any building or structure damaged or destroyed by a natural disaster or other act of God may repair, rebuild, or replace such building or structure to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance.
(a) 
If such building or structure is damaged greater than 50% of the present assessed value of the building or structure and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. Any work done under this subsection to repair, rebuild or replace such building or structure shall be in compliance with the provisions of the Uniform Statewide Building Code and the provisions of applicable local floodplain regulations.
(b) 
Unless such building or structure is repaired, rebuilt or replaced within two years of the date of the natural disaster or other act of God, such building or structure shall only be repaired, rebuilt or replaced in accordance with the provisions of this chapter, except if such building or structure is in an area under a federal disaster declaration and the building or structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, in which case the owner shall have an additional two years to repair, rebuild or replace such building or structure.
(2) 
An existing porch or carport with a roof that is nonconforming as to height or setback regulations but devoted to a conforming use may be enclosed, provided that such addition does not compound the existing nonconformity as to setback and height regulations. In the event that enclosing of the porch or carport creates a public safety problem, such enclosure shall not be allowed.
F. 
Modifications.
(1) 
Whenever a nonconforming use is changed to another use, it shall only be changed to a use that is of equal or less nonconformity in terms of the type or intensity of the use.
(2) 
A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of passage or amendment of this chapter.
G. 
Legally nonconforming lots of record. Any lot of record at the time of the adoption of this chapter, which is less in area or frontage than the minimum requirements of this chapter, may be used for uses allowed by this chapter when yard and setback requirements are met. The current setbacks for the particular zoning district in question are to be applied for all lots, unless the most recent legally approved and recorded plat of the property clearly depicts all appropriate terminology and numeric information for different setback.