Any use of land or structures, or any lot or structure which existed at the effective date of adoption or amendment of the ordinance from which this chapter is derived, which would not be permitted or permissible by the provisions of this chapter as adopted or amended shall be deemed nonconforming. It is the intent of this chapter to permit such nonconformities to continue subject to certain restrictions.

(Code 2006, § 13-1-100)

Where, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, a use of land exists which would not be permitted or permissible in the district in which it is located and where such use involves a structure with a replacement value of less than $5,000.00, such use may continue subject to the following restrictions:

(1)

Such use shall not be enlarged, increased, nor extended to occupy a greater area of the lot than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

Such use shall not be moved in whole or in part to any other portion of the lot other than that portion occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

When such use of land is discontinued or abandoned for a period of more than 180 consecutive days for any reason whatever or when such use is replaced by a permitted or permissible use, a nonconforming use shall be erected.

(Code 2006, § 13-1-101)

Where at the effective date of adoption or amendment of the ordinance from which this chapter is derived, the use of a structure exists which would not be permitted or permissible in the district in which it is located and where such use involves a structure with a replacement value exceeding $5,000.00, such use may continue subject to the following restrictions:

(1)

Such use shall not be enlarged, increased, nor extended to occupy a greater area of the lot than was occupied at the effective date of adoption or amendment of this chapter.

(2)

When such use of a structure is discontinued or abandoned for a period of 12 consecutive months for any reason whatever or when such use is replaced by a permitted or permissible use, the nonconforming use shall thereafter not be resumed.

(Code 2006, § 13-1-102)

Where at the effective date of adoption or amendment of the ordinance from which this chapter is derived, a structure exists which could not be erected in the district in which it is located by reason of restriction on lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may continue in existence subject to the following restrictions.

(1)

Such structure shall not be altered in any manner which would increase the degree of nonconformity.

(2)

If such structure is destroyed or damaged to an extent of less than 50 percent of its replacement cost at the time of destruction, it may be reconstructed provided any reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged 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 the district in which it is located.

(Code 2006, § 13-1-103)

If characteristics of use such as lighting, parking, or other matters pertaining to the use of land, premises, and structures are made nonconforming by the provisions of this chapter as adopted or amended, no change shall thereafter be made in such characteristics of use which increase the nonconformity, however, that changes may be made which do not increase or which decrease such nonconformity.

(Code 2006, § 13-1-104)

If two or more lots or combinations of contiguous lots in single ownership are of record at the effective date of adoption or amendment of this chapter, the lands involved shall be considered to be an individual parcel for the purpose of this chapter and no portion of such parcel shall be used, divided, or sold which does not meet the lot area and lot width requirements for the district in which it is located.

(Code 2006, § 13-1-105)

Nothing in this chapter shall be deemed to prevent normal maintenance or repair of any structure or to prevent restoring to a safe condition any structure declared to be unsafe.

(Code 2006, § 13-1-106)

Any use or structure existing at the effective date of adoption or amendment of the ordinance from which this chapter is derived which is classified as a special exception in this district in which it is located shall be deemed to have been granted approval by the plan commission, subject to maintaining the character and extent of such use or structure existing on that date. Any extension or enlargement or change in such use or structure shall require approval of the plan commission as provided in this chapter.

(Code 2006, § 13-1-107)

No nonconforming sign shall be altered in any manner which would increase the degree of nonconformity. If such sign is destroyed or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, such sign shall be replaced as a conforming sign. If a nonconforming sign is destroyed or damaged to an extent of less than 50 percent of its replacement cost at the time of destruction, it may be reconstructed provided any reconstruction does not increase the degree of nonconformity which previously existed.

(Code 2006, § 13-1-108)