It is the intent of this section to cause the eventual elimination, as expeditiously as is reasonable, of existing uses or structures that are not in conformity with the provisions of this chapter. The lawful use of land, at the time of adoption of the ordinance from which this chapter is derived, or of an amendment thereto, may be continued.

(Code 1998, § 5-5-84)

(a)

A nonconforming use may be continued, but it shall not be:

(1)

Changed to another nonconforming use unless the board of zoning appeals determines that such proposed use is less detrimental to adjacent uses than the existing use.

(2)

Expanded which will result in an increase in the nonconformity. (See section 58-165.)

(3)

Reestablished after discontinuance for one year.

(4)

Rebuilt or repaired if such building or structure is damaged more than 50 percent of its appraised value by fire, flood, wind, explosion, earthquake, riot, war or other calamity unless in conformity with this chapter. (This section does not apply to mobile homes used for residential purposes.)

(b)

Buildings or structures determined to be damaged over 50 percent of their appraised value shall be brought into conformance with this chapter.

(Code 1998, § 5-5-85)

(a)

Whenever a nonconforming use of a structure has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.

(b)

Existing nonconforming uses which become conforming through a change in zoning classification shall be required to meet all off-street parking and loading requirements of this chapter.

(c)

When a conforming use becomes nonconforming through a change in zoning submitted by the owner or applicant, the nonconforming use shall then be removed prior to the commencement of the conforming use.

(Code 1998, § 5-5-86)

A nonconforming use shall not be expanded unless it is nonconforming due to setbacks. In this case, it may be expanded provided that the nonconformity is not increased and the addition complies with all provisions of this chapter.

(Code 1998, § 5-5-87)

It shall be the responsibility of the owner, manager, or tenant of a nonconforming use to establish existence of such use prior to the effective date of the ordinance from which this chapter is derived, and to note how such use is in nonconformance.

(Code 1998, § 5-5-88)