Any lots for which a plat or legal description has been recorded in the office of the clerk of superior court for the county at the time of passage of the ordinance from which this article is derived, which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, be used for any of the uses permitted within the district by this article, or if occupied by a structure containing a conforming use, may have the structure improved, enlarged or extended, provided that in either case:

(1)

Minimum requirements of the district for front, side and rear yard, height and floor area shall be complied with.

(2)

A lot to be used for duplexes, multifamily dwellings, residential group development projects, or manufactured homes, when allowed within the district, must meet the minimum lot area requirements for those uses in the district.

(Prior Code, app. D, art. 14(14.1); Ord. of 12-21-1998)

Non-conforming uses of land consists of the open use of property (including such uses as, but not limited to, storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf, manufactured housing parks and similar open uses) where the only buildings on the lot are incidental and accessory to the use of the lot and where such use of the land is not permitted to be established hereafter under this article in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this article:

(1)

When a non-conforming use of land has been changed to a conforming use, it shall not thereafter be used for any other non-conforming use.

(2)

Non-conforming uses of land shall not be changed to any but conforming uses.

(3)

A non-conforming use of land shall not be enlarged to cover more land than was occupied by that use when it became non-conforming.

(4)

When any non-conforming use of land is discontinued for a period in excess of six months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this article. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Prior Code, app. D, art. 14(14.2); Ord. of 12-21-1998)

Non-conforming uses of structures consists of structures used, at the time of passage of the ordinance from which this article is derived, for purposes not permitted in the district in which they are located. In addition to the other requirements of this article, non-conforming uses of structures shall be governed by the following restrictions:

(1)

An existing non-conforming use of a structure shall only be changed to a conforming use.

(2)

An existing non-conforming use of a structure shall not be changed to another non-conforming use.

(3)

A non-conforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became non-conforming were already erected and arranged or designed for such non-conforming use. No structural alterations shall be made in any structure occupied by a non-conforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.

(4)

When any non-conforming use of a structure is discontinued for a period in excess of one year, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this article. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Prior Code, app. D, art. 14(14.3); Ord. of 12-21-1998)

(a)

A non-conforming sign shall not be replaced by another non-conforming sign except when the substitution or interchange of poster panels, painted boards, or replacement of removable letters and numbers on non-conforming signs shall be permitted.

(b)

Repairs and maintenance of non-conforming signs shall be permitted to maintain a safe condition and neat appearance so long as the sign remains substantially the same as it was on the effective date of the adoption of the ordinance from which this article was derived. However, no changes in the size or shape of a non-conforming sign shall be permitted except to make the sign comply with the requirements of this article.

(Prior Code, app. D, art. 14(14.4); Ord. of 12-21-1998)

When a non-conforming structure or a structure containing a non-conforming use or non-conforming sign is razed or damaged by fire, flood, wind, or act of God, such structure or sign may be reconstructed as a non-conforming use only if the damage totals less than 50 percent of the value of the structure. Structures which do not conform to the yard requirements of this article shall also be governed by this provision.

(Prior Code, app. D, art. 14(14.5); Ord. of 12-21-1998)

Any non-conformance created by a change in district boundaries or article regulations after the date of passage of the ordinance from which this article was derived shall also be governed by the provisions of this article.

(Prior Code, app. D, art. 14(14.6); Ord. of 12-21-1998)