(a) If a lawful use involving individual structures, or of a structure and premises in combination, exists on September 26, 1972, or on the effective date of an amendment to the Land Development Code making said use nonconforming, that would not be allowed in the district under the terms of this Land Development Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended through any parts of a building which were manifestly arranged or designed for such use existing on September 26, 1972, or on the effective date of an amendment making same nonconforming, but no such use shall be extended to occupy any land outside such building.
(3) Any structure, or structure and land in use if superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed;
(4) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this chapter is defined as damage to an extent of more than 50% of the appraised value of the structure as determined by the Brevard County Property Appraiser at time of destruction.
(6) Nonconformities not involving the use of a principal structure (for example, open storage, building supplies, vehicles, mobile homes, implement and machinery storage, junkyards, commercial animal yards, and the like), shall be discontinued within two years of the effective date of this Land Development Code.
(7) The casual, intermittent or temporary use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this Land Development Code, unless it complies with the terms of this Land Development Code.
(b) Drive-in, drive-up, or drive-through facility. The use of a structure and premises as a drive-in, drive-up, or drive-through use is specifically prohibited in the 6-B, 7-C, and 8-B zoning districts. As of January 1, 2013, two drive-in, drive-up, or drive-through uses and structures existed in the town, one in the 7-C zoning district and one in the 8-B zoning district. Those uses constitute a non-conforming use of the premises and structure and also constitute an accessory use to a principal use and structure bank and financial institution. Notwithstanding any other provision of this code, if at any time the use of the bank and financial institution to which the drive-in, drive-up, or drive-through facility is an accessory use is changed to any other use, either in whole or in part and regardless of whether the new principal use is permitted, the accessory use will be deemed to be discontinued or abandoned, and the structure, or structure and use of the premises in combination, shall not thereafter be used as a drive-through.
(`75 Code, Appendix A, Art. V, § 6) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2013-05, adopted 9-18-13; Am. Ord. 2017-05, adopted 12-20-17)