(a)

Nonconforming uses. After the effective date of the ordinance from which this chapter is derived (November 13, 2007), structures or uses of land or structures which would be prohibited under the regulations for the district in which such structures or uses are located shall be considered as nonconforming. Nonconforming structures or uses may be continued, provided that they conform to the provisions contained in this section.

(b)

Nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of the ordinance from which this chapter is derived, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of requirements shall be obtained only through action of the board of adjustment.

(c)

Minimum multi-lot requirements. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption of the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(d)

Extension. Nonconforming uses of land or structures existing at the time of the adoption of the ordinance from which this chapter is derived shall not hereafter be enlarged or extended in any way except as otherwise provided for in this chapter.

(e)

Changes. Any nonconforming use may be changed to any conforming use, or, with the approval of the board of zoning appeals, to any use more in character with the uses permitted in the district. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

(f)

Cessation—Land. When a nonconforming use of land ceases for a continuous period of 90 calendar days, subsequent use of the land shall conform to the regulations for the district in which the land is located.

(g)

Cessation—Structures. When a nonconforming use of a structure is discontinued or abandoned for six consecutive months, the use shall not be resumed; and the subsequent use shall conform to the regulations for the district in which the structure is located.

(h)

Repair and improvement. Normal maintenance, repair or improvement of a building occupied by a nonconforming use is permitted, provided that no other provisions of this chapter are violated.

(i)

Damage or destruction. Any structure containing a nonconforming use, which has been damaged by fire or other causes, may be reconstructed and used as before, if it is done within six months of such damage, unless such structure has been declared by the building official to have been damaged to an extent exceeding 50 percent of its replacement cost. If the structure is damaged to a degree greater than 50 percent, future use of the structure or site must be in conformance with the zoning district regulations for the area.

(j)

Temporary nonconforming uses of land. Temporary nonconforming uses of land for carnivals, exhibitions, and similar uses may be permitted according to the provisions of article IV of this chapter.

(Code 1991, § 31-181)

(a)

Extension. No nonconforming structure existing at the time of the adoption of the ordinance from which this chapter is derived shall hereafter be enlarged or extended in any way which will increase its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(b)

Repair and improvement. Normal maintenance, repair or improvement of a nonconforming structure is permitted, provided that no other provisions of this chapter are violated.

(c)

Damage or destruction. Any nonconforming structure which has been damaged by fire or other causes may be reconstructed and used as before, if it is done within six months of such damage, unless such structure has been declared by the building official to have been damaged to an extent exceeding 50 percent of its replacement cost. If the structure is damaged to a degree greater than 50 percent, it shall not be reconstructed except in conformity with the provisions of this chapter.

(Code 1991, § 31-182)