The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although the use does not conform with the provisions of this chapter, however:

(1)

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order to comply with the provisions of this chapter.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the equalized value of the structure unless it is permanently changed to conform to the use provisions of this chapter.

(3)

Nonconforming uses may not be transferred from one owner to another.

(4)

Substitution of new equipment may be permitted by the zoning board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(Code 1980, § 17.0801)

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter. A file of all nonconforming uses shall be maintained by the zoning administrator listing the following: owner's name and address; use of the structure, land, or water; and assessed value at the time of its becoming a nonconforming use.

(Code 1980, § 17.0802)

Lots, parcels or tracts of land which do not conform to the minimum area, size and/or shape requirements of this chapter at the time of its passage may be allowed to be built upon so long as such parcels and the building to be built meet all other requirements of this chapter and no such land area is in the same ownership as adjacent lands which if combined would constitute a conforming lot, parcel or tract.

(Code 1980, § 17.0803)

The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter; however, such a structure shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or to comply with the provisions of this chapter.

(Code 1980, § 17.0804)

Floodland nonconforming uses or structures repaired or altered under the nonconforming use provisions of this chapter shall provide for floodproofing of those portions of the structures involved in such repair or alteration. Certification of floodproofing shall be made to the zoning administrator and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the established 100-year recurrence interval flood.

(Code 1980, § 17.0805)

Residential structures which encroach upon setback and other yard requirements but which met setback and yard requirements at the time of construction may be structurally altered provided that they do not create a greater degree of encroachment.

(Code 1980, § 17.0806)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the zoning board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all conditions required by the zoning board of appeals.

(Code 1980, § 17.0807)

Any use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall be deemed a conforming use in such district because of its conditional use status.

(Code 1980, § 17.0808)