Within the districts established by this article or amendments that may later be adopted there may exist; lots, structures, uses of land and structures, and characteristics of use which were lawful before this article was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this article or such amendment. It is the intent of this article to permit these non conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this article that non conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

The lawful use of any building or structure or land existing at the time of enactment of this ordinance or amendment thereto may be continued, even though such use does not conform with the provisions of this article, except that the nonconforming use shall not be:

A.

Changed to another nonconforming use;

B.

Reestablished after discontinuance for a continuous period of 3 months (except when government action impedes access to the premises);

C.

Expanded, extended or enlarged in any manner which increase its nonconformity, but such structure may be altered to decrease its nonconformity.

A building occupied by a nonconforming use at the time of enactment of this ordinance or amendment thereto may be retained, except that it shall not be:

A.

Expanded, extended or enlarged in any manner which increase its nonconformity.

B.

Rebuilt, altered or repaired if such construction costs would exceed 50% of its replacement cost.

A.

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, provided such construction costs do not exceed 50% of its replacement cost.

B.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing prior to the adoption of this Ordinance, notwithstanding limitations imposed by other provisions of this article, only so long as it is used for a single-family residence. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot 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.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this article, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this article, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this article, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this article.