(a)

It is the intent of this article to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.

(b)

It is recognized that there exists within the districts established by the ordinance and subsequent amendments lots, structures and uses of land and structures which were lawful before this section was passed or amended, which would be prohibited, regulated or restricted under the terms of this section or future amendments.

(c)

Where, on May 9, 2004, or at the effective date of amendment of the ordinance from which this article is derived, lawful use of a lot which fails to conform to the minimum requirements of this chapter for area or width exists, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: No structure occupying the nonconforming lot may be expanded or enlarged in such a way as to reduce the required yards or open spaces to a dimension or area which is less than that required by this chapter and/or open space requirements are already reduced by a structure to a dimension which is less than that required by this chapter on May 9, 2004, or at the time of subsequent amendment to this chapter, such nonconformity shall not be increased.

(Code 1979, § 11:1.1101)

Where, on May 9, 2004, or at the effective date of amendment of the ordinance from which this article is derived, lawful use of land exists that is made no longer permissible under the terms of this section as enacted or amended, such use may be continued, so long as it remains 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 on May 9, 2004, or at the effective date of 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 on May 9, 2004, or at the effective date of amendment of the ordinance from which this article is derived.

Exception: Nonconforming uses situated in a district other than a residential zone (R-1, R-2, R-3 or R-4) may be allowed to expand to an extent permitted by the planning commission after following the procedures outlined in sections 109-387 through 109-389 and meeting the basis of determination contained in section 109-390.

(Code 1979, § 11:1.1103)

Where a lawful structure exists on May 9, 2004, or at the effective date of amendment of the ordinance from which this article is derived that could not be built under the terms of this chapter by reason of restrictions on area lot coverage, height, yards or other characteristics of the structure or 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 a way which increases its nonconformity, but the use of a structure and/or the structure itself may be changed or altered to a use permitted in the district in which it is located, provided that all such changes are also in conformance with the requirements of the district in which it is located. Furthermore, any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and which existed on May 9, 2004, or at the time of the amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(2)

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.

(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)

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 1979, § 11:1.1104)

(a)

Irrespective of other requirements of this chapter, in any industrial district, if no structural alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use, provided that the board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this section.

(b)

Where a nonconforming use of a structure, land or structure and land in combination is hereafter changed to a use found by the board of appeals to be more appropriate to the district, it shall not thereafter be changed to a less appropriate use.

(Code 1979, § 11:1.1105)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this section shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Code 1979, § 11:1.1106)

As long as there is no change in the character or nature of the nonconforming use, a change of tenancy or ownership is allowed.

(Code 1979, § 11:1.1107)

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing lots or uses of land that become nonconforming as a result of the boundary changes.

(Code 1979, § 11:1.1108)

Nonconforming buildings or structures may be structurally changed, altered or enlarged with the approval of the board of appeals when the board finds that the request is a case of exceptional hardship in which failure to grant the relief requested would unreasonably restrict continued use of the property or would restrict valuable benefits that the public currently derives from the property as used in its nonconforming status, except that any approval for structural changes, alteration or enlargement may be granted only with a finding by the board of appeals that approval will not have an adverse effect on surrounding property and that it will be the minimum necessary to relieve the hardship.

(Code 1979, § 11:1.1109)

Uses of structures or land existing on May 9, 2004, that were established without approval of zoning compliance or without a valid building permit or those that cannot be proved conclusively as existing prior to May 9, 2004, shall be declared illegal and are not entitled to the status and rights accorded legally established nonconforming uses.

(Code 1979, § 11:1.1110)