(a)

Nonconforming uses. If at the time of enactment of this chapter any lot, tract of land or structure was being legally utilized and was in fact actually being used prior to the date of this chapter, for such purpose and in such a manner which does not conform to the provisions of this chapter, such evident use may be continued as herein provided. For a nonconforming use to continue a nonconforming status, the use must have been actually existing prior to the date of this ordinance and not merely contemplative.

(b)

If any change in title of possession, or a new lease of any such lot or structure occurs, the use may be continued as long as the use is not discontinued for more than two years.

(c)

Automobile graveyards and junkyards and automotive dismantling facilities in existence at the time of the adoption of this chapter are to be considered as nonconforming uses. They shall be allowed up to three years after adoption of this chapter in which to completely screen, on any side open to view from a public street, the operation or use by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge, which wall, fence or hedge, shall be a minimum of six feet in height.

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(a)

A nonconforming structure to be extended or enlarged shall conforms with all the provisions of this chapter.

(b)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.

Any unimproved nonconforming lot of record at the time of the effective date of this chapter, or if the specific recorded lot is reconveyed after the date of this chapter, such lot shall be considered as a lot of record. If such lot is of insufficient size to meet the minimum requirements of this ordinance regarding area, frontage, setback, width, depth or side and rear yard requirements, it may be used as permitted in the district in which such lot is located. The lot owner or his agent shall apply for a zoning permit as required by the chapter. The zoning administrator, or the board of zoning appeals on an appeal from a decision of the zoning administrator, shall determine said requirements however, they shall not adopt such requirements as to effectively prohibit use of such lot for uses permitted by right in the district where the lot is located.

The zoning administrator shall have the authority to issue a blanket waiver of individual, zoning permits for use of such unimproved nonconforming lots of record which are insufficient size to meet the requirements of this chapter where there has been a subdivision deed and plat recorded prior to the effective date of this chapter.

The zoning administrator shall consider the fact that restrictive covenants and conditions may have been recorded prior to the effective date of this chapter which may legally conflict with the requirements of this chapter.

As to any unimproved nonconforming lot of record in Barrier Island district "BI", this entire section shall apply to any unimproved nonconforming lot of record at the time of the effective date of the amendment to this chapter creating Barrier Island district "BI" rather than the original effective date of this chapter.

Any person, firm or corporation who owns or leases a conforming or nonconforming lot on which is located a structure or an approved mobile home, the zoning administrator may approve the replacement without the owner of the lot or the owner of the mobile home obtaining a variance and/or a special use permit.