Except as otherwise provided in this Chapter, the lawful use of the land or a building existing at the date of the adoption of this Chapter may be continued although such use or building does not conform to the regulations specified by this Chapter for the zone in which such land or building is located; provided, however, that:

A. No nonconforming lot shall be further reduced in size.

B. No nonconforming building shall be enlarged, extended or increased unless such enlargement is conforming.

C. No nonconforming use may be expanded.

A.nonconforming use shall be deemed to be abandoned where there is 1) an intention to abandon as well as 2) an external act (or omission to act) by which such intention is carried into effect.

It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one (1) year.

When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this Chapter.

[Ord. No. 2013-3089]

If any nonconforming structure is more than partially destroyed by fire, flood, earthquake, wind or other natural occurrence then said structure can only be rebuilt in conformance with this Chapter, except as follows:

A. Where the structure contained a permitted use at the time of destruction, and will continue to do so after it is rebuilt, and

B. Where the structure would not require site plan approval pursuant to this Chapter, and

C. Where the structure will be rebuilt on or within the existing building footprint.

D. For the purposes of this section, an individual building in a multi-building RGA or RTH development shall not require site plan approval to be rebuilt as long as subsection C. above is satisfied.

No nonconforming use shall, if once changed to a conforming use, be changed again to a nonconforming use.

No nonconforming use shall be changed to another nonconforming use, whereby said change shall constitute a change in use per Section 16-203.

Alterations, as applied to a nonconforming structure, shall only include a change or rearrangement in the structural supports or a change in the exterior appearance of a structure.

A.nonconforming structure may not be enlarged, extended, increased in height, width or depth; moved or relocated; or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms; unless such structure is changed to a structure conforming to the requirements of this Chapter.

Nothing herein contained shall require any change in plans, construction or designated use of a building for which a Building Permit has been issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from the date of the adoption of this Chapter.

Whenever the boundaries of a district shall be changed so as to transfer an area from one (1) district to another district of a different classification, the provisions of this Chapter shall also apply to any nonconforming uses existing therein or created thereby.

A. An existing detached single-family dwelling which is either a nonconforming use or structure may be enlarged or a detached accessory structure may be constructed or enlarged provided that such enlargement or detached accessory structure conforms with all minimum yard area regulations except as modified below by Section 16-708.B. and C., and provided that the resulting principal structure and detached accessory structures conform with the maximum coverage regulations of the zone district.

B. The maximum percent of lot coverage for a detached single-family dwelling which is either a nonconforming use or structure may be increased provided the resultant lot coverage complies with the coverage limits in the most restrictive single-family residence zone to which the area of the undersized lot conforms. In no case shall coverage exceed thirty-five (35%) percent.

C. An existing detached single-family dwelling or detached accessory structure which is either a nonconforming use or structure may be enlarged provided that such enlargement does not decrease the distance between the structure and the property line contiguous to the nonconforming yard area nor extend the structure into a yard area which is now conforming. In no case shall this exception apply to an enlargement within a nonconforming yard area previously authorized by variance. However in the case of alterations to a nonconforming structure where more than twenty-five (25%) percent of the area of the perimeter wall are either demolished or to be removed, such activity shall constitute more than a permitted modification and any structure resulting therefrom shall comply with all applicable zoning requirements. [Ord. No. 98-2529; Ord. No. 2006-2879 § 9]

D. A variance shall not be required for the construction of any building on an undersized lot as long as such structure can be built in conformance with all setback, lot coverage, and floor area ratio standards required by the zone district in question.

E. The maximum percent of building coverage and lot coverage for a detached single-family dwelling on a nonconforming lot may be increased provided the resultant building coverage and lot coverage complies with the coverage limits in the most restrictive single-family residence zone to which the area of the nonconforming lot conforms. In no case shall building coverage exceed thirty-five (35%) percent or lot coverage exceed forty (40%) percent. [Ord. No. 2013-3089]

Uses of land or structures in a flood hazard area which lawfully existed on or before the effective date of this Ordinance shall be permitted to remain subject to the following conditions:

A. Routine maintenance and repair of pre-existing structures as permitted and do not require a Floodplain Encroachment Permit.

B. No pre-existing structure or use defined as a regulated use in a floodplain shall be expanded or enlarged unless a Floodplain Encroachment Permit has been applied for and received.

C. If a pre-existing structure is damaged, by any means, including floods, to the extent that the cost of reconstruction or repair exceeds fifty (50%) percent of the reproduction cost, such structure shall not be reconstructed unless a Floodplain Encroachment Permit has been applied for and received.

D. If a structure is substantially and lawfully under construction on or before the effective date of the regulations, then such structure may be completed without a Floodplain Encroachment Permit.

E. No pre-existing use shall be changed or modified so as to increase its flood damage potential, unless a Floodplain Encroachment Permit has been applied for and received.

F. Routine maintenance and repair of a structure for which a Floodplain Encroachment Permit has been granted is permitted and shall not require additional Floodplain Encroachment Permits. Maintenance and repair shall comply with the terms of the original permit.

G. If a structure, for which a Floodplain Encroachment Permit has been granted, is destroyed, such structure shall not be reconstructed unless a new Floodplain Encroachment Permit has been applied for and received.