28-1-1. If on December 1, 1992, any legal activity is being pursued, or any lot or structure is being legally utilized in a manner or for a purpose which does not conform to the provisions of this ordinance, such manner of use or purpose may be continued as herein provided.

28-1-2. If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

28-1-3. If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after the enactment of this ordinance, it shall be deemed abandoned and subsequent use shall conform to the requirements of this ordinance.

28-1-4. Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

28-1-5. Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to December 1, 1992, are excluded from the provisions of this ordinance.

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to December 1, 1992, may proceed, provided such building is completed within one year, or such use of land established within 30 days after December 1, 1992.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding ten percent of the current replacement value of the structure provided that the cubic content of the structure as it existed on December 1, 1992, shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

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.

28-5-1. A nonconforming structure to be extended or enlarged shall conform with the provisions of this ordinance.

28-5-2. A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity before or on December 1, 1992.

28-6-1. Any lot of record on December 1, 1992, which is less in area of width than the minimum required by this ordinance may be used provided a showing of unnecessary and undue hardship would result if a variance is not granted from the board of zoning appeals.

28-6-2. Any lot shown on a plat which was recorded prior to December 1, 1992, which does not meet the minimum lot area requirement of one acre in an A-1 agricultural zoning district, but which complies with all other bulk requirements (i.e., lot frontage, front setbacks, and side and rear yard regulations) may be administratively approved for use as a single-family dwelling lot by the zoning administrator if such lot otherwise complies with the zoning ordinance.

(Ord. of 3-19-1997)

Automobile graveyards and junkyards in existence on December 1, 1992, are to be considered as nonconforming uses. They shall be allowed up to three years after December 1, 1992, in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge six feet in height, or similar screening as approved by the zoning administrator.

Editor's note— A resolution of Jan. 19, 2000 rescinded the automobile graveyard license tax. Such rescission shall not be construed as affording to any person, firm or other legal entity authorization to continue operation of any business as a lawful non-conforming use under the Brunswick County Zoning Ordinance. Instead, those determinations shall be made on a case-by-case basis.