A.   If within the districts established by this title or amendments that may later be adopted there exist lots, structures, and use of land and structures which were lawful before this title was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this title or future amendments, it is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses in the districts involved.

   B.   It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures, signs or uses prohibited elsewhere in the same district.

   C.   To avoid undue hardship, nothing in this title 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 title 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 the 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 work shall be diligently carried on until completion of the building involved. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

A lot of record as of the effective date hereof that has less area or width than herein required may be used for any purpose permitted in the district in which it is located, provided all other provisions of this title are met. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted and amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   A.   Enlarge Or Extend: No such nonconforming use shall be enlarged or increased nor extended to occupy a greater use of land than was occupied at the effective date of adoption or amendment of this title.

   B.   Moving: 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 this title.

   C.   Cease Land Use: If any such nonconforming use of land ceases for any reason for a period of more than one hundred eighty (180) days, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title 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 so continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   Enlarge Or Alter: No such structure may be enlarged or altered in a way which increases its nonconformity.

   B.   Destruction: Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. The determination of the replacement cost must be determined by a licensed property appraiser. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

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

   A.   Enlarge Or Extend: No existing structure devoted to a use not permitted by this title 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.

   B.   Occupancy Of Land Outside Building: Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.

   C.   Superseded By Permitted Use: 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.   Discontinue Or Abandon: When a nonconforming use of a structure, land, or structure and land in combination, is discontinued or abandoned for six (6) consecutive months, the structure thereafter shall not be used except in conformance with regulations of the district in which it is located.

   E.   Removal Or Destruction: Where nonconforming use status applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)

   A.   Repairs: On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the current replacement value of the building; provided, that the cubic content of the building as it existed at the time of passage or amendment of this title shall not be increased.

   B.   Restore To Safe Condition: Nothing in this title shall be deemed to prevent the strengthening of 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. 1994-92, 6-14-1994, eff. 6-14-1994)

Any use for which a special exception is permitted as provided in this title shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)