It is the intent of this Chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this Chapter that nonconforming uses 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. (Ord. 626, 10-7-2002)

Nonconforming uses are declared to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use shall not be extended or enlarged nor shall any other prohibited uses be added, including additional signs. (Ord. 626, 10-7-2002)

To avoid undue hardship, no changes shall be required in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this Chapter and upon which actual building construction has been carried on diligently. (Ord. 626, 10-7-2002)

Development of or building on any single lot of record shall require a special use permit. (Ord. 626, 10-7-2002)

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Chapter and if all or part of the lot with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter 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 Chapter nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Chapter. (Ord. 626, 10-7-2002)

If a lawful use exists at the effective date of adoption or amendment of this Chapter that would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   It shall not 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;

   B.   No nonconforming use shall be extended to occupy any additional land area;

   C.   If no structural alterations are made any nonconforming use, upon the issuance of a special use permit by the Commission, may be changed to another nonconforming use provided that the Commission 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 Commission may require appropriate conditions and safeguards in accord with other provisions of this Chapter;

   D.   Any time a nonconforming use is superseded by a permitted use it shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

   E.   When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the nonconforming use shall no longer be allowed;

   F.   Intentional removal or destruction of the nonconforming structure shall eliminate the nonconforming status of the land. (Ord. 626, 10-7-2002)

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs provided that the nonconforming shall not be increased. Nothing in this Section 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 upon order of such official. (Ord. 626, 10-7-2002)

Any use, which is permitted as a special use in a district under the terms of this Chapter, shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use. (Ord. 626, 10-7-2002)