Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before the passage of the ordinance from which this chapter is derived or amended but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this article to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this article to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the ordinance from which this article is derived.

(Code 1986, § 12-240; Code 2009, § 52-104; Ord. No. 217, 3-25-1975)

In any district in which a lot exists of record at the effective date of the adoption or amendment of the ordinance from which this chapter is derived which does not conform in size or area to the provisions of this chapter, buildings for the uses permitted in such district may be erected on such lot, notwithstanding limitations imposed by other provisions of this chapter, provided that such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

(Code 1986, § 12-241; Code 2009, § 52-105)

Where a lawful structure exists at the effective date of the adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity;

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter; and

(3)

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Code 1986, § 12-242; Code 2009, § 52-106; Ord. No. 217, 3-25-1975)

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of the adoption or amendment of the ordinance from which this chapter is derived that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building;

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, the structure, or structure and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located; and

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Code 1986, § 12-243; Code 2009, § 52-107; Ord. No. 217, 3-25-1975)

Wherever, at the effective date of the adoption or amendment of the ordinance from which this chapter is derived, lawful uses of land exist that are no longer permissible under the terms of this chapter as enacted or amended, such uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

(1)

No such conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the adoption or amendment of the ordinance from which this chapter is derived;

(2)

No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of the ordinance from which this chapter is derived; and

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Code 1986, § 12-244; Code 2009, § 52-108; Ord. No. 217, 3-15-1975)

A nonconforming use of a structure, or of a structure and land in combination, shall not be changed unless changed to a use permitted in the district in which located; except that the board of adjustment may permit a change to a more restricted nonconforming use and such change shall be construed as an abandonment of the former permitted nonconforming use.

(Code 1986, § 12-245; Code 2009, § 52-109; Ord. No. 217, 3-25-1975)