Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of this chapter may be continued although such use does not conform to the provisions hereof. Except as provided in this article, such nonconforming use may not be enlarged, extended, reconstructed or structurally altered, except in compliance with the provisions of this chapter.

(Code 1972, § 30-115; Code 1992, § 30-137; Ord. No. 2004-4, § 30-115, 9-7-2004)

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.

(Code 1972, § 30-116; Code 1992, § 30-138; Ord. No. 2004-4, § 30-116, 9-7-2004)

If no structural alterations are made, a nonconforming use of land or of a building may be changed to another nonconforming use of the same or of a more restricted classification. Removal and replacement of a nonconforming mobile home shall be permitted as a change of use under this section if said replacement is completed within two years of the removal. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(Code 1972, § 30-117; Code 1992, § 30-139; Ord. of 11-5-1991; Ord. No. 2004-4, § 30-117, 9-7-2004)

The nonconforming use of a building may be hereafter extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use at the time of the enactment of this chapter.

(Code 1972, § 30-118; Code 1992, § 30-140; Ord. No. 2004-4, § 30-118, 9-7-2004)

A building nonconforming only as to height, yard areas or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect. The nonconforming status of such building as to height, yard areas or bulk shall not be affected by a discontinuance of internal use.

(Code 1972, § 30-119; Code 1992, § 30-141; Ord. No. 2004-4, § 30-119, 9-7-2004)

No building, or portion thereof, used in whole, or in part, for a nonconforming use in a residential district which remains idle or unused for a continuous period of two years, whether or not the equipment or fixtures are removed, shall again be used, except in conformity with the regulations of the district in which such building or land is located.

(Code 1972, § 30-120; Code 1992, § 30-142; Ord. No. 2004-4, § 30-120, 9-7-2004)

Where a conforming structure devoted to a nonconforming activity is damaged or where a nonconforming structure is damaged, either may be repaired or restored, provided that any such repair or restoration shall be completed within 24 months from the date of destruction.

(Code 1972, § 30-121; Code 1992, § 30-143; Ord. No. 2004-4, § 30-121, 9-7-2004; Ord. No. 2007-1, 4-3-2007)

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(Code 1972, § 30-122; Code 1992, § 30-144; Ord. No. 2004-4, § 30-122, 9-7-2004)

When evidence available to the administrator is deemed by him to be inconclusive, whether a nonconforming use exists shall be a question of fact and shall be decided by the board of zoning appeals after public notice and hearing and in accordance with the rules of the board.

(Code 1972, § 30-123; Code 1992, § 30-145; Ord. No. 2004-4, § 30-123, 9-7-2004)

Any lot lawfully of record at the time of adoption of this amendment which is less in area or width than the minimum required by this chapter may be used if the requirements of this chapter regarding setbacks, side and rear yards and health requirements are complied with.

(Code 1972, § 30-124; Code 1992, § 30-146; Ord. No. 2004-4, § 30-124, 9-7-2004)

A lot of record or structure which, solely as a result of an eminent domain proceeding, no longer conforms to the requirements of these regulations and restrictions as to area, frontage and dimensions of lots or yards, shall not be deemed a nonconforming lot or structure for the purpose of this chapter.

(Code 1972, § 30-125; Code 1992, § 30-147; Ord. No. 2004-4, § 30-125, 9-7-2004)

A dwelling nonconforming as to use in a business or industrial district shall be considered as a conforming use in application of the height, area and bulk requirements of this chapter.

(Code 1972, § 30-126; Code 1992, § 30-148; Ord. No. 2004-4, § 30-126, 9-7-2004)