SECTION 7A-460.   NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual Structures, or of a Structure and land in combination, exists at the effective date* of adoption or amendment of this Ordinance that would not be allowed in the District under the terms of this Ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   A.   If no structural Alterations are made, any Nonconforming Use of a Structure or Structure and land, may, upon appeal to the Board of Adjustments and Appeals, be changed to another Nonconforming Use provided that the Board of Adjustments and Appeals 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 Adjustments and Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Ordinance;
   B.   Any Structure, or Structure and land in combination, in or on which a Nonconforming Use is superseded by a permitted use, shall thereafter conform to the regulations for the District, and the Nonconforming Use may not thereafter be resumed;
   C.   When a Nonconforming Use of a Structure, or Structure and land in combination, is discontinued or abandoned for more than one (1) year (except when government action impedes access to the Premises), the Structure, or Structure and land in combination, shall not thereafter be used except in conformity with the regulations of the District in which it is located;
   D.   Where Nonconforming Use status applies to a Structure and land in combination, removal or destruction of the Structure shall eliminate the nonconforming status of the land.
[§ 7A-460, amended by Ord. No. 89-1, effective July 21, 1989.]
[*Clerk’s note: References in the text of the Code to “...the effective date of this Ordinance...” or to “...the effective date of the Zoning Ordinance...” are references to Ord. No. 900 which was effective July 25, 1979.]
[[§ 7A-460, amended by Ord. 04-04A, effective June 3, 2004.]