Uses and structures not in accordance with this chapter may be continued, subject to the following provisions:

(1)

If at the time of enactment of the ordinance from which this chapter is derived, any legal activity which is being pursued, or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as provided in this section.

(2)

Any nonconforming use may be changed to a use conforming with the regulations as established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use.

(3)

Structures and buildings existing at the time of adoption of the ordinance from which this chapter is derived on lots that fail to comply with minimum requirements for area, width, front yard, side yard, rear yard, height and open space for the districts in which they are located, may be improved, enlarged, and extended provided any such improvement, enlargement or extension complies with the minimum requirements as to front yard, side yard, rear yard, height and unobstructed open space for the district in which located.

(4)

If any change in title or possession of any such lot or structure occurs, the use existing may be continued.

(5)

If any nonconforming use in existence on the date of adoption of the ordinance from which this chapter is derived is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed abandoned and any subsequent use shall conform with all of the requirements of this chapter.

(Code 1999, § 9-266)

All nonconforming uses shall obtain a nonconforming use permit after the adoption of this chapter or any amendment thereto which changes the status of the use. Such permit shall be issued promptly upon the written request of the owner or operator of the nonconforming use.

(Code 1999, § 9-267(a))

A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. This requirement shall not apply to single-family dwellings or mobile homes used as dwellings and legally in existence at the time this chapter was enacted or amended. These structures may be expanded or enlarged, provided that the expansions comply with the frontage, setback, side enlarged, provided the expansions comply with the frontage, setback, side yard, rear yard and height provisions of the district in which they are located and the expanded structure meets the requirements of the state department of health. Prohibited activities shall include, without being limited to:

(1)

Extension of a nonconforming use to any building or other structure or land area other than one occupied by such use on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming).

(2)

Extension of a nonconforming use within a building or other structure to any portion of the floor area that was not occupied by such use on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming); provided, however, that a nonconforming use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

(3)

Operation of a nonconforming use in such manner as to conflict with or to further conflict with, if already conflicting, on the effective date of the ordinance from which this chapter is derived (or on the effective date of subsequent amendment thereto that results in such use becoming nonconforming), any performance standards established for the district in which the use is located.

(Code 1999, § 9-268)

Nonconforming activities or structures may be restored or replaced, subject to the following requirements:

(1)

When a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration as determined by the code official to its condition before the occurrence shall exceed 75 percent of the current replacement cost of the entire structure, it shall be restored only if it complies with the requirements of this chapter.

(2)

The cost of land or any factors other than the cost of the structure itself are to be excluded in the determination of cost of restoration for any nonconforming structure or conforming structure devoted to a nonconforming activity.

(Code 1999, § 9-269)

(a)

Nothing in this chapter shall be interpreted as authorization for or approval of the continuation of the use of a structure or premises in violation of any ordinance in effect at the time of the passage of this chapter.

(b)

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(Code 1999, § 9-270)

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 chapter.

(Code 1999, § 9-271)

The zoning administrator shall issue a nonconforming use permit to all owners of property upon which a mobile home is located on December 22, 1980, and the following provisions shall apply to such mobile homes:

(1)

No use of the mobile home shall be made other than those specified on the nonconforming use permit unless such use shall be in conformity with the provisions of the zone in which the property is located.

(2)

A copy of such nonconforming use permit shall be on file at the office of the zoning administrator. No permit or license shall be issued to any property for which a nonconforming use permit has been issued until such permit or license has been approved by the zoning administrator.

(3)

A nonconforming use permit shall not prevent the removal of a mobile home in place and occupied as a dwelling at the time of adoption of this chapter and replacement of the mobile home with another mobile home, if required to protect the health and safety of the occupant; nor shall it prevent additional construction or additions to such mobile home provided the same are built in accordance with applicable building codes; provided, however, that this subsection shall not prohibit the application of section 98-821(5).

(4)

A nonconforming use permit shall not affect the temporary nature of any conditional use permit granted prior to the adoption of this section for the purpose of locating a mobile home while constructing a permanent dwelling, and such mobile home shall be subject to those rules and regulations in effect at the adoption of this section.

(Code 1999, § 9-272)