Where in the districts established by this chapter or amendments that may later be adopted there exist lots, uses of land and structures, structures and characteristics of use which were lawful before the chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment, 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, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

It is the intent of this Part to prohibit the expansion of a structure containing a nonconforming use which is in existence at the time of the adoption of this chapter. Said nonconforming use of the structure may be extended throughout the building as it exists at the time of the passage of this chapter, provided that it complies with other provisions of this chapter; however, under no circumstances may the structure be physically enlarged to permit the expansion of a nonconforming use.

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 this chapter and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

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 at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. 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 those 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 Zoning Hearing Board.

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 chapter, 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 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 width or area below the requirements stated in this chapter.

However, the provisions of Subsection 2 of this section are not applicable to existing lots, two or more lots or combinations of lots with continuous frontage in single ownership which are improved with residential structures or other principal structures prior to the adoption of this chapter.

No such nonconforming use 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.

No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.

If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. Should a letter of intent for the sale or rental of such nonconforming use of land be submitted to the Zoning Hearing Board prior to the expiration of the 90 day time limit, the Board may grant as a special exception a reasonable extension of time.

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

No such nonconforming structure may be physically enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

Should such nonconforming structure or nonconforming portion of a structure be destroyed to an extent of more than 50% of its replacement cost at the time of destruction, it shall be not reconstructed except in conformity with the provisions of this chapter. However, a nonconforming structure which is destroyed by fire, explosion or act of God may be rebuilt and used for the same purpose, provided that reconstruction of the structure is commenced within one year from the date the structure was destroyed and is carried to completion without undue delay, and the reconstructed structure does not exceed in height, area and volume the structure destroyed.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

No existing structure devoted to a use not permitted by this chapter 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 or to a use of more restrictive nature.

Any nonconforming use may be extended throughout any part of the building in which a nonconforming use was in existence at the time of the adoption or amendment of this chapter, but no such use shall be extended to occupy land outside such building.

If no structural alterations are made, any nonconforming use of a structure or a structure and premises may, as a special exception, be changed to another nonconforming use, provided that the Zoning Hearing Board, either by general rules or by making findings in the specific case, 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 Zoning Hearing Board may require appropriate conditions and safeguards in accord with the provisions of this chapter.

Any structure or a structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed. If superseded under Subsection C by a more appropriate use to the district than the existing nonconforming use, the same shall thereafter conform to that more appropriate use, and the nonconforming use may not thereafter be resumed.

When a nonconforming use of a structure or a structure and premises in combination is discontinued or abandoned for nine consecutive months or for 18 months during any three-year period (except when government action impeded access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. Should a letter of intent for the sale or rental of such nonconforming use of land be submitted to the Zoning Hearing Board prior to the expiration of the nine-month time limit, the Board may grant, as a special exception, a reasonable extension of time. The Zoning Hearing Board, upon the receipt of a letter of hardship, may grant, as a special exception, the continuance/reactivation of a nonconforming use which has exceeded the nine months or 18 months during the three-year period time limitations.

Where a nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of land. "Destruction," for the purpose of this subsection, is defined as damage to an extent of more than 50% of the replacement cost at time of destruction. However, a nonconforming structure which is destroyed by fire, explosion or act of God may be rebuilt and used for the same purpose, provided that the reconstruction of the structure is commenced within one year from the date the structure was destroyed and is carried to completion without undue delay, and the reconstructed structure does not exceed in height, area and volume the structure destroyed.

When a use is a nonconforming use in all respects except for the required parking/loading-unloading facilities, the provisions of Part 8, § 27-807, shall apply when such use is expanded.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or in repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 15% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing before it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this chapter 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. Further, nothing in this chapter shall be enforced to the extent of causing a nonconforming structure containing a nonconforming use to deteriorate and/or cause a blighting influence on the general neighborhood.