Any lawful use, building, or structure existing at the time of adoption of this chapter or any amendment thereto may be continued even though such use, building, or structure may not conform with the provisions of this chapter for the district in which it is located. Such use, building, or structure shall be deemed a "nonconforming use." A nonconforming use or structure may be continued provided:

(1)

No such nonconforming use or structure shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter, unless said enlargement does not result in an increase in nonconformity or results in a change to a use permitted in the district.

(2)

No such nonconforming use or structure shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use or structure at the effective date of adoption or amendment of this chapter, unless said move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district.

(3)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land. No additional uses of a nature which would be prohibited generally in the district involved shall be permitted.

(4)

Any nonconforming use may be expended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(5)

When any nonconforming use is superceded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed.

(6)

If any such nonconforming use or structure ceases for any reason for a period of more than two (2) years (except when government action impedes access to the premises), any subsequent use of such land or structure shall conform to the regulations specified by this chapter for the district in which such land or structure is located.

The rights pertaining to a nonconforming use or building shall be deemed to pertain to the use or building itself, regardless of the ownership of the land or the building on or in which such nonconforming use is conducted or of such nonconforming building or the nature of the tenure of the occupancy thereof.

No building or structure which has been damaged by any cause whatsoever to the extent of more than fifty (50) percent of the fair market value of the building, immediately prior to the damage, shall be restored except in conformity with the regulations of this chapter and all rights as a nonconforming use are terminated. If a building or structure is damaged by less than fifty (50) percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage.

Any lot of record at the time of adoption or amendment of this chapter, which is less in area or width than the minimum required by this chapter, may be used provided that a variance of area, lot width, setback, or yard requirements is obtained through action of the board of zoning appeals.

Whenever the boundaries of a district are changed, any uses of land or structures which become nonconforming as a result of such change shall become subject to the provisions of this article.

When evidence available to the zoning administrator is deemed by him to be inconclusive as to whether a nonconforming use exists, the board of zoning appeals shall decide the question after public hearing and notice in accordance with the rules of procedure in article X.