It is the intent of this section to permit legal nonconforming lots, structures, or uses to continue until they are removed, but not to encourage their survival. It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before the ordinance codified in this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. 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. A nonconforming uses of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of the ordinance codified in this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

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 diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, providing that work shall be diligently carried on until completion of the building involved.

1.   Nonconforming Uses of Land. Where at the effective date of adoption or amendment of the ordinance codified in this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   A.   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 the ordinance codified in this chapter with the exception of areas zoned commercial where the nonconforming land use is of residential nature, whereas expansion of accessory buildings will be allowed following the residential districts site development regulations.

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

   C.   If such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

2.   Nonconforming Lot of Record. In any district in which single-unit dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-unit dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots of 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 other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located.

3.   Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this chapter that could not be built under the terms of this chapter by reason of restrictions 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.   No such structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase its nonconformity with the exception of areas zoned commercial where the nonconforming land use is of residential nature, whereas expansion of accessory buildings will be allowed following the residential districts site development regulations.

   B.   Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter.

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

   D.   Discontinuance. In the event that a non-conforming building or structure or premises is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.

   E.   Exception for Existing Single-Unit Residential Dwellings. Existing, legally-established, non-conforming single-unit residential dwellings located in non-single-unit residentially-zoned districts may make alterations and construct additions to the dwelling (so long as they meet the R-1 District’s setback regulations and no additional dwelling units are constructed or created.). Construction of the dwelling shall start within six months of its approved building permit and shall be completed within one year of the start of construction. This exception does not apply to mobile homes.

4.   Nonconforming Uses of Structures and Land in Combination. Where a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of the ordinance codified in this chapter that would not be permitted 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.   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 with the exception of areas zoned commercial where the nonconforming land use is of residential nature, whereas expansion of accessory buildings will be allowed following the residential districts site development regulations.

   B.   Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of the ordinance codified in this chapter, but no such use shall be extended to occupy any land outside such building.

   C.   Any structure, or 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 in which such structure is located, and the nonconforming use may not thereafter be resumed.

   D.   When a nonconforming use of a structure, or structures and land in combination, is discontinued or ceases to exist for a period of more than one year, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

   E.   Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   F.   A nonconforming lot of record which does not meet the required lot area or lot width requirements may be developed for a single-unit dwelling so long as the required yard setbacks are maintained.

5.   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 repairs or replacement of non-bearing walls, fixtures, wiring, or plumbing of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance codified in this chapter shall not be increased. 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 an official charged with protecting the public safety upon orders of such official.

6.   Replacing Damaged Buildings. Any non-conforming building or structure damaged more than 50 percent of its replacement value exclusive of the foundation at the time of damage by fire, flood, explosion, war, riot, or Act of God shall not be restored or reconstructed and used as before such happening, but if less than 50 percent damage above the foundation, it may be restored, reconstructed, or used as before provided it be started within one year of such happening.

7.   Uses Under Exception Provisions Are Not Nonconforming Uses. Any use for which a special exception is permitted, as provided in this chapter, shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district. Any expansion shall be with the Board of Adjustment.

8.   Change of Tenancy or Ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, of structures, or of structures and land in combination.