(A) Purpose of section. The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located tend to impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the creation of nuisances and/or the lowering of property values. The regulations of this section are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.
(B) Nonconforming lots.
(1) Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the district in which it is located may, nonetheless, be developed for any use permitted in that district if such vacant lot:
(a) Was recorded in the County Recorder of Deeds Office prior to the enactment of this chapter (or pertinent amendment thereto); and
(b) Is at least 30 feet wide.
(2) Two or more lots in common ownership: if two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth or area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.
(C) Nonconforming structures. Any otherwise lawful structure which exists on the effective date of this chapter but which could not be erected under the terms of this chapter because of requirements/restrictions concerning lot size, height, setbacks or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions.
(1) Maintenance. A nonconforming structure may be maintained by ordinary repairs.
(2) Enlargement, alterations. A nonconforming structure may be enlarged and/or altered, provided that:
(a) Such enlargement and/or alteration is confined within the lot lines of the property in question as such lot lines existed on the effective date of this chapter; and
(b) Such enlargement and/or alteration does not increase or worsen the nonconforming characteristics of the structure.
(3) Reconstruction.
(a) A nonconforming structure that is damaged or destroyed may be rebuilt, provided that:
1. Reconstruction commences within one year from the date of damage/destruction and is diligently pursued to completion; and
2. The structure, when reconstructed, will not be more nonconforming than it had been.
(b) If reconstruction does not commence within one year or is not diligently pursued to completion (as determined by the Administrator), the damaged structure shall be considered abandoned, in which case reconstruction shall be allowed only if the structure will be rebuilt in conformity with the provisions of this chapter which are applicable to new structures.
(4) Relocation. A nonconforming structure shall not be moved to another lot unless, after relocation. It will conform to all the regulations of the district where it will be situated.
(D) Nonconforming uses. Any otherwise lawful use existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.
(1) Expansion/intensification. A nonconforming use which does not occupy a structure (such as a nursery) may be expanded/intensified, but only within the confines of the lot lines as such lines existed on the effective date of this chapter. A nonconforming use which occupies a structure may be expanded or intensified, but only within that structure and/or within any conforming addition to said structure. (For rules concerning expansion of nonconforming structures, see division (C)(2) above).
(2) Reestablishment. A nonconforming use which is destroyed or damaged may be reestablished; however, if the owner of said damaged/destroyed use proposes to expand, relocate or change it, then the other pertinent divisions of this section shall control. Moreover, if no significant steps have been taken to reestablish the use within one year from the date the damage occurred, then the use shall be considered abandoned and subject to the provisions of division (D)(5) below.
(3) Relocation. A nonconforming use shall not be moved, in whole or in part, unless, upon relocation, it will conform to all pertinent regulations of the district in which it will be relocated.
(4) Change of use . A nonconforming use may continue, but shall not be changed except to a use that is permitted under the applicable district regulations.
(5) Discontinuance. When a nonconforming use is discontinued for a period of 12 consecutive months, It shall not thereafter be resumed. Any subsequent use shall conform to the uses permitted In the applicable zone district.
(E) Nonconformities under permit authority. The regulations of this chapter shall not affect the terms of any permit issued prior to the effective date of this chapter or any pertinent amendment thereto provided that the work authorized by such permit is completed within a ...[missing material]...
(1975 Code, § 32-XIII)