Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued, and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:
A. 
The structural alterations made in such buildings shall in no case exceed 20% of the true value of the buildings, nor shall the building be enlarged, unless the use therein is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height and area regulations, structural alterations may be made in such buildings, provided that the height and area regulations are not further violated.
B. 
A nonconforming use changed to a conforming use may not be changed back to a nonconforming use.
C. 
In the event that there is a cessation of operation of any nonconforming use, structure, land or sign for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
D. 
Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six months of the date of such permit.
E. 
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
F. 
No lot containing a nonconforming use shall be reduced in size.
[Amended 4-18-1992 by Amendment 7]
G. 
An owner of two or more contiguous lots which were nonconforming under the prior Land Use or Zoning Ordinance shall be required to combine such lots.
[Added 4-18-1992 by Amendment 7]
A. 
Any nonconforming building existing at the time of this chapter may be restored or repaired in the event of partial destruction thereof by fire, explosion, act of God or act of public enemy. However, any building which is substantially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to conform to all provisions of this chapter or pursuant to such variances as may be granted by the Board of Adjustment. When the Zoning Officer has denied a permit for restoration of any such building pursuant to this chapter, he or she shall forthwith refer the application to the Board of Adjustment. In determining whether or not destruction has been partial, the Board of Adjustment shall be guided by the facts and circumstances of the application being considered, giving due regard but without being limited to, the following factors:
(1) 
Nature of the nonconforming use.
(2) 
Nature and number of structures destroyed or damaged.
(3) 
Nature and extent of structural damage.
(4) 
Extent of area of damage to building.
(5) 
Nature and extent of repairs necessary to restore building.
(6) 
Extent to which remaining portions of building are usable for reconstruction.
(7) 
Such other considerations as may be formulated by statute and judicial decision.
B. 
When setting forth its conclusions under this section, the Board of Adjustment shall make specific factual findings upon which its decision is based. Nothing in this section shall prevent the restoration of a wall declared unsafe by the Zoning Officer.
C. 
Nothing in this section shall prevent or prohibit the restoration or reconstruction of a single-family dwelling which has been substantially destroyed by fire, explosion, act of God or act of public enemy, upon a vacant lot which conforms to the requirements of § 115-32C(1).
[Added 4-18-1992 by Amendment 7]
[Added 12-12-2012 by Ord. No. 2012-11-26]
A. 
Where an existing lot, conforming to zoning on the effective date of this section, has been made nonconforming as a result of an amendment to this chapter, including lots rezoned under Ordinance No. 2012-11-26, a new dwelling unit or addition(s) to existing dwelling units or accessory buildings may be constructed on such lot, according to the following requirements:
(1) 
Any developed residential lot existing as a conforming lot at the effective date of adoption or amendment to this chapter (December 12, 2012), may have a building permit issued for an addition to principal dwelling or an accessory structure, provided that the yard requirements are reduced by the same percentage that the lot area bears to the zone requirements, except that no front, rear or side yard setback shall be reduced to less than 50% of the zone requirement for a principal building, no accessory building shall be located in the front yard and no accessory building side yard setback shall be less than 12 feet.
(2) 
Any vacant lot existing as a conforming lot at the effective date of adoption or amendment of this chapter may have a building permit issued, provided that the yard requirements are reduced by the same percentage that the lot area bears to the zone district requirements, and except further that no yard shall be reduced to less than 50% of the zone requirement, and except that no side yard shall be reduced to less than 35 feet and no rear yard shall be reduced to less than 50 feet.