(a)

Within the zoning districts established by this chapter or subsequent amendments thereto, there exist or will exist certain nonconformities which, if lawful before December 1, 1977, or before the adoption date of any applicable amendments to this chapter, may be continued, subject to certain limitations.

(b)

Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a permit was granted prior to December 1, 1977. However, such construction must commence within 30 days after December 1, 1977. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(Code 1968, § 29-89)

In any district, structures may be erected on any single lot of record on December 1, 1977, or on the adoption date of any applicable amendment to this chapter, or land may be used notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district; provided, that yard dimensions and requirements, other than those applying to area or width, shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of zoning appeals.

(Code 1968, § 29-90)

Lawful uses of land, that is, uses not carried on in a structure, which, on December 1, 1977, or as a result of subsequent amendments to this chapter, become nonconforming, may be continued by the present or any subsequent owners, so long as such uses remain otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than 25 percent more land than was owned or leased by the user on December 1, 1977, or on the effective date of any applicable amendment to this chapter.

(2)

Wherever a nonconforming use of land has been discontinued for a period of two years, such use shall not thereafter be reestablished. Any future use shall be in conformity with the provisions of this chapter.

(3)

A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use; provided, that the board of zoning appeals shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.

(4)

No additional structures or buildings not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Code 1968, § 29-91)

Structures or buildings which, on December 1, 1977, or on the effective date of any applicable amendment of this chapter, become nonconforming by reason of restrictions on area, lot coverage, height, yards or their locations on their lots may be continued to be used so long as such structures or buildings remain otherwise lawful, subject to the following provisions:

(1)

No nonconforming structure may be altered in a way which increases the nonconformity. However, a principal structure which is nonconforming due to encroachment into a required yard may be enlarged within or coextensive with the plane of the structure, so long as no new nonconformity is thereby created.

(2)

A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use; provided, that the board of zoning appeals shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.

(3)

Whenever a nonconforming use of a structure or building or portion thereof has been discontinued or abandoned for two years, such structure or building or portion thereof shall not thereafter be used for a nonconforming use.

(4)

Removal or destruction of the structure or building in which a nonconforming use is located shall eliminate the use of the land upon which the structure or building was erected for a nonconforming use. "Destruction," for the purposes of this subsection, is defined as damage to an extent of 75 percent or more of the market value of the structure or building immediately prior to such damage or destruction. However, if construction begins within 12 months after destruction or partial destruction occurs, the same nonconforming use or a use which is more appropriate in the zoning district, according to the board of zoning appeals, may be carried on.

(Code 1968, § 29-92; Ord. of 3-3-3009)