Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continuous, 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. [Amended 12-8-1982 by Ord. No. 71-1982; 7-14-2004 by Ord. No. 38-2004]

C. Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to lot area, lot width or building setback, any existing residential building or structure on the lot may be further improved, provided that:

(1) The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in a zone, unless approved by the Board of Adjustment.

(2) Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additional of any type.

(3) Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of Maximum Impervious Coverage set forth in schedule of minimum area, yard and building requirements.

(4) Any existing and proposed improvement on the nonconforming improved lot shall conform to all other zone standards, including off-street parking.

D. No nonconforming lot shall be made more nonconforming through subdivision, resubdivision or any such other action. Where two (2) or more contiguous, nonconforming lots are in common ownership, these lots shall be considered combined for the purposes of meeting the requirements of this chapter. Such combined lots shall not be subdivided or resubdivided except in conformance with this chapter.

**Webmasters Note: Subsection 225-80C has been amended and 225-80D has been added by Ordinance No. 38-2011, effective December 21, 2011.

A.nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied, except in conformance with this chapter.

[Amended 12-8-1982 by Ord. No. 71-1982]

If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Zoning Officer.

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

A.nonconforming building may be altered but not enlarged or extended during its life to an extent not exceeding in aggregate 50% of the recorded true value, as appraised in the records of the Tax Assessor, of the building unless said building is changed to a building 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 heretofore issued and the construction of which shall have been diligently prosecuted within three 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 months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.

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