(a)

Within the districts established by this article or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this article was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this article or future amendment.

(b)

It is the intent of this article to permit these nonconformities to continue until they are removed, or cessation of use occurs, but not to encourage their survival. Such uses are declared by this article to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities shall not be enlarged upon, altered, expanded or extended (in such a manner as to prolong the life of the building), nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(c)

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this article.

(Code 1993, § 62-161; Ord. No. 1843, § 1(art. III, § 1), 2-14-1989)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this article, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this article is derived. Such lot must be in separate ownership and not a continuous frontage with other lots in the same ownership. Variance of area, width and yard requirements shall be obtained only through action of the board of adjustment.

(Code 1993, § 62-162; Ord. No. 1843, § 1(art. III, § 2), 2-14-1989)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this article is derived that could not be built under the terms of this article by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in any way which increases its nonconformity, or in any manner which prolongs the life of the building.

(2)

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

(3)

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.

(Code 1993, § 62-163; Ord. No. 1843, § 1(art. III, § 3), 2-14-1989)

If a lawful use of a structure, or of a structure and premises in combination exists at the effective date of adoption or amendment of the ordinance from which this article is derived that would not be allowed in the district under the terms of this article, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this article in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; except in the case of an existing nonconforming single-family dwelling, the existing dwelling may be enlarged or extended no more than 25 percent of its square footage of area at the effective date of the ordinance from which this article is derived.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this article, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure, or structure and premises in combination is discontinued or abandoned, intentionally or unintentionally, for six consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(5)

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.

(Code 1993, § 62-164; Ord. No. 1843, § 1(art. III, § 4), 2-14-1989)

Where, at the effective date of adoption or amendment of the ordinance from which this article is derived, lawful uses of land exist that are no longer permissible under the terms of this article as enacted or amended, such uses may be continued, so long as they remain otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this article is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this article is derived.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of land shall conform to the regulations specified by this article for the district in which such land is located.

(Code 1993, § 62-165; Ord. No. 1843, § 1(art. III, § 5), 2-14-1989)