(a)

Nothing in this division shall be construed to authorize the impairment of any vested right. Uses of land, buildings, structures and lots which do not conform to the regulations and restrictions prescribed by this division as of the effective date the ordinance from which this division is derived may be continued only in conformity with the terms of this division.

(b)

This article recognizes that the elimination of existing lots, buildings and structures or uses that are not in conformity with the provisions of this division is as much a subject of health, safety, and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this division. It is, therefore, the intent of this division to permit these nonconformities to continue, but not to encourage their survival or permit their uses as grounds for adding other structures or uses prohibited elsewhere within the same district.

(c)

Therefore, any structure or use of land existing at the time of the enactment of the ordinance from which this division is derived and any subsequent amendments thereto not in conformity with the regulations and provisions herein may be continued only subject to the provisions of sections 28-739 and 28-762.

(Code 1967, § 4-122)

(a)

Lots of record. Where a lot of record at the time of enactment of the ordinance from which this division is derived does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this division, the following provisions shall apply:

Any lot of record, in any district, at the time of enactment or amendment of the ordinance from which this division is derived which is less in area, or width or both than the minimum required by this division may be used for a permitted use in that district, provided that setback, side yard and requirements other than those applying to area and/or width of the lot shall conform to the regulations for the district in which such lot is located; however, when more than 50 percent of the lots in the block in which such nonconforming lots are located have dwellings constructed on them which are nonconforming as to either front, side or rear yards, owner may apply for a special use permit. The required area for permitted uses utilizing individual water supply and/or sewage disposal systems shall be approved by the county health department and additional area shall be required if considered necessary for conditions encountered.

(b)

Nonconforming structures. Where a lawful structure exists at the time of enactment or amendment of the ordinance from which this division is derived that could not be built in the district in which it is located by reason of restrictions on area, lot coverage, height, yard dimensions or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming building but no such building that is declared by any authorized town official to be unsafe or unlawful by reason of physical condition shall be restored, repaired or rebuilt except as set forth in subsections (b)(2)a and b of this section.

(2)

A nonconforming building that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its current fair market value according to the records of the treasurer of the county, exclusive of foundations, may be restored within two years after such destruction or damage, but shall not be enlarged except as provided herein. If any such building is so destroyed or damaged to an extent exceeding 50 percent of its value as above, it shall not be reconstructed except:

a.

In conformity with the regulations for the district in which it is located.

b.

If the nonconforming building is a single-family detached dwelling, in which event it may be reconstructed within two years after the aforesaid destruction or damage so as to occupy the same space that it occupied prior to such destruction or damage or any part thereof.

(3)

With the exception of section 28-263(g), a nonconforming structure may be enlarged or altered, provided such enlargement or alteration does not create a nonconformity which did not previously exist; any structure or portion thereof may be altered to decrease its nonconformity.

(4)

Should a nonconforming structure be moved, it shall thereafter conform to the yard requirements of the district in which it is located after it is moved.

(5)

Any mobile home existing in a district as a nonconforming use may be replaced with a later model mobile home, provided that the later model mobile home is located on the exact same site of the replaced mobile home.

(c)

Nonconforming uses of land. Where a lawful use of land exists at the time of enactment of the ordinance from which this division is derived or any subsequent amendment thereto that would not be permitted by the regulations imposed herein, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

After obtaining a special use permit pursuant to section 28-407, a nonconforming use may be enlarged or increased or extended to occupy a cumulative area not exceeding 25 percent of the area that was occupied at the time of enactment of the ordinance from which this division is derived or any subsequent amendment thereto.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the time of enactment of the ordinance from which this division is derived or any subsequent amendment thereto.

(3)

No additional structure not conforming to the requirements of this division shall be constructed in connection with such nonconforming use.

(4)

Nothing contained in this subsection (c) shall be construed to permit the expansion of any nonconforming mobile home park.

(d)

Nonconforming uses of structures. Where a lawful use of an individual structure, or of structures and premises in combination, exists at the time of enactment of the ordinance from which this division is derived or any subsequent amendment thereto that would not be permitted in the district in which it is located under the requirements of this division, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

Enlargement, extension or alteration of a structure devoted to a nonconforming use existing at the time of enactment of or amendment to the ordinance from which this division is derived is permitted after obtaining a special use permit pursuant to section 28-407 provided said enlargement shall not exceed a cumulative 25 percent in the aggregate of the floor area of the original structure devoted to the nonconforming use and provided all yard and other appropriate requirements herein are met. The provision shall not apply to the changing of the use of a structure to a conforming use.

(2)

Any nonconforming use may be extended to occupy any part of a building that was manifestly arranged or designated for such use at the time of the effective date of the ordinance from which this division is derived, but no such use shall be extended to occupy any land outside such building.

(3)

A building in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its current fair market value according to the records of the treasurer of the county, exclusive of foundations, may be restored within two years after such destruction or damage, but shall not be enlarged except as provided herein. If any such building is so destroyed or damaged to an extent exceeding 50 percent of its value as above, it shall not be reconstructed except:

a.

For a conforming use.

b.

If the nonconforming use of the building is as a single-family detached dwelling, in which event it may be reconstructed within two years after the aforesaid destruction or damage so as to occupy the same space that it occupied prior to such destruction or damage or any part thereof.

(4)

If a building in which a nonconforming use is conducted is moved for any distance whatever, for any reason, then any future use of such building shall be in conformity with the regulations specified by this division for the zoning district in which such building is located.

(5)

If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of land on which such building was located and the subsequent location and use of any building thereon shall be in conformity with the regulations specified by this division for the zoning district in which such land is located.

(Code 1967, § 4-123)

(a)

If any nonconformity of any type ceases for any reason for a continuous period of two years or more or is changed to or replaced by a conforming use, the land and building theretofore devoted to such nonconforming use shall thereupon be subject to all the regulations as to use for the zoning district in which such land and building are located as if such nonconforming use had never existed.

(b)

No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(c)

The rights pertaining to a nonconforming use or building shall be deemed to pertain to the use or building itself, regardless of the ownership of the land or building on or in which such nonconforming use is conducted or of such nonconforming building or the nature of the tenure of the occupancy thereof.

(d)

All of the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing on the effective date of the ordinance from which this division is derived and to all uses and buildings that become nonconforming by reason of any amendment thereof. The provisions shall not apply, however, to any use established or building erected in violation of law, regardless of the time of establishment or erection.

(Code 1967, § 4-124)

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure, or part thereof for which a building permit has been granted before this division, or a subsequent zoning change, becomes effective provided such building is started within one year, or such use of land established within 30 days after the effective date of the ordinance from which this division is derived.

(Code 1967, § 4-125)

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 division.

(Code 1967, § 4-126)