1.   Statement of Intent. Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before the zoning ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the zoning ordinance and upon which actual building had been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner; except where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that such work shall be diligently carried on until completion of the building involved.

   2.   Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the zoning ordinance. 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. However, such construction shall conform to the required yard setbacks except as otherwise provided in this chapter. Whenever two (2) or more adjacent lots of record have individually less area and/or frontage than required under the provisions of this chapter, but are under the same ownership, they may be sold as individual lots, so long as each lot has at least ninety percent (90%) of the required width and 90% of the required area for the minimum required for a full-sized lot within the district in which the lots are located.

   3.   Nonconforming Uses of Land. The lawful use of land upon which no building or structure is erected or constructed, which is a vested nonconforming use under this and prior zoning ordinances as adopted or amended, or which becomes nonconforming under ordinances as adopted or amended, may be continued so long as such use remains otherwise lawful, subject to the following provisions:

      A.   No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land.

      B.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel.

      C.   No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district.

      D.   If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.

   4.   Nonconforming Uses of the Structures. If a lawful use or vested nonconforming use of a structure, or of a structure and land in combination, exists at the effective day of adoption or amendment of the zoning ordinance that would not be allowed in the district under the terms of this chapter, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      A.   No existing structure devoted entirely or in part to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such use is located.

      B.   Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time it became nonconforming. No such use shall be extended to any land outside such building.

      C.   If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature or a more restricted use. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

      D.   In the event that a nonconforming use of a structure, or of a structure and land in combination, is discontinued or abandoned for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure by the owner or the owner’s designated representative shall terminate the authorization for the nonconforming use of the land.

   5.   Nonconforming Structures. Where a structure is nonconforming by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

      A.   Such structure is not enlarged or altered in a way which increases its nonconformity.

   6.   Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment of the zoning ordinance shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to 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.

   7.   Uses Under “Exception to Prohibited Uses,” Not Nonconforming Uses. Any use for which a special use permit is obtained as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use.

   8.   Abandonment. A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to any use not permitted in the district within which such is located. A nonconforming use shall be considered abandoned:

      A.   When the intent of the owner to discontinue use is apparent; or

      B.   When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months, unless other facts show intention to resume the nonconforming use; or

      C.   Where it has been replaced by a conforming use; or

      D.   When it has been changed to another use under a special use permit from the Board of Adjustment.

   9.   District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provision shall also apply to any nonconforming use existing therein.