(a)

Continuation generally.

(1)

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

(2)

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land in combination shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises or by addition of other uses of a nature which would be prohibited generally in the district involved.

(3)

As used in this article, the term "amendment" shall mean and shall be limited to an amendment by which the use of land, or of structures, or of structures and premises in combination, became nonconforming or where otherwise affected.

(b)

Previously authorized buildings or uses.

(1)

Any structure, alteration or extension for which a building permit shall have been issued prior to the effective date of the ordinance from which this chapter is derived may be completed even though such structure, alteration or extension does not conform to the requirements of this chapter; provided, however, that this permission shall be void if such structure, alteration or extension is not begun within 180 days and completed within two years from the date of issuance of such building permit. Such structure, alteration or extension shall be deemed a nonconforming structure, and any use occupying such structure (if not a permitted use in the district in which the structure is located) shall be deemed a nonconforming use.

(2)

Any use of land that has been duly authorized and which use of land does not conform to the requirements of this chapter may be begun prior to, but not after, the effective date of the ordinance from which this chapter is derived. Such use of land shall be deemed a nonconforming use of land.

(c)

Planning approval and special exception uses. Any lawful use existing on January 28, 1982, or the effective date of any amendment to this chapter and which under the terms of this chapter would be permitted only with planning approval or as a special exception (as shown in the chart of permitted uses) is, without further notice, conforming under these provisions.

(d)

Group housing projects. Any lawful group housing project existing on January 28, 1982, and which under the terms of this chapter would be permitted only as a planned building group (as provided in article VIII of this chapter) is, without further notice, conforming under these provisions.

(Code 1982, § 24-110)

(a)

Continuation. Where a lawful use of land exists on January 28, 1982, or the effective date of an amendment to this chapter, which use would not be permitted by the regulations imposed by this chapter or by an amendment to this chapter, the use may be continued so long as it remains otherwise lawful.

(b)

Enlargement. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on January 28, 1982, or the effective date of an amendment to this chapter. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(c)

Extension or movement. No such nonconforming use shall be extended or moved to any portion of the premises or parcel of land other than that occupied by such use on January 28, 1982, or the effective date of an amendment to this chapter.

(d)

Change in use. No such nonconforming use of land shall be changed to any other nonconforming use.

(e)

Cessation of use. If any such nonconforming use of land ceases for any reason for a period of more than six consecutive months (except where government action impedes access to the premises), 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 1982, § 24-111)

(a)

Continuation. Where a lawful structure exists on January 28, 1982, or the effective date of an amendment to this chapter, which structure could not be built under the terms of this chapter or an amendment to this chapter by reason of restrictions on area, building site, coverage, height, yards, location on the building site or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful.

(b)

Enlargement. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(c)

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

(d)

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

(Code 1982, § 24-112)

(a)

Continuation. Where a lawful use of a structure, or of structures and premises in combination, exists on January 28, 1982, or the effective date of an amendment to this chapter, which use would not be permitted by the regulations imposed by this chapter or by an amendment to this chapter, the use may be continued so long as it remains otherwise lawful.

(b)

Enlargement. No existing structure devoted to a use not permitted by this chapter or by an amendment to 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 this structure to a use permitted in the district in which it is located.

(c)

Extension. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use, but no such use shall be extended to occupy any land outside such structure.

(d)

Change in use.

(1)

If no structural alterations are made, any nonconforming use of a structure, or of structures and premises in combination, may as a special exception be changed to another nonconforming use; provided that the board of adjustment, by findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.

(2)

In any structure, or structure and premises in combination, where a nonconforming use is superseded by a permitted use, the nonconforming use may not thereafter be resumed.

(e)

Cessation of use. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(f)

Removal of destruction of structure. 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. The term "destruction," for the purpose of this article, is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

(Code 1982, § 24-113)

(a)

Ordinary maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any 12 consecutive months on ordinary repairs, or on repair and replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or the portion of the structure, as the case may be, provided that the cubic content existing when the structure or portion thereof became nonconforming shall not be increased.

(b)

Unsafe structures. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, rebuilt or occupied except in conformity with the regulations of the district in which it is located.

(Code 1982, § 24-114)