Within the zoning districts established by this chapter, there exist lots, structures, and uses of land which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter. Such lots, structures, and uses of land are referred to as "nonconforming."

It is the intent of this chapter not to encourage the survival of nonconforming lots, nonconforming commercial and industrial structures, and nonconforming uses, whether it be a nonconforming use of a structure and for a nonconforming use of land. Nonconforming uses are declared to be incompatible with permitted uses in the zoning districts involved.

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

In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory structures may be erected on any single lot of record. 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 shall conform to the regulations for the zoning district in which such lot is located. Any variance of yard requirements shall be obtained only through the action of the Board of Zoning Appeals.

If two or more lots or combination of lots and portions of lots with continuous frontage are of single ownership as of the effective date of this chapter or any amendment hereto, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter or such amendment, the lands involved shall be considered to be an undivided parcel for this chapter. No portion of said parcel shall be used or transferred which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

Additional requirements regarding nonconforming lots in the critical area are set forth in § 340-20.

Nonresidential structures.

Residential structures.

For purposes of this chapter, a lawful structure refers to a principal structure or any portion thereof, that was built in accordance with all the applicable zoning regulations, if any, in effect at the time of its construction.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on the effective date of the adoption of this chapter or the amendment to it creating the nonconformity.

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 on the effective date of the adoption of this chapter or the amendment thereto creating the nonconformity.

Any nonconforming use, including the nonconforming use of a lot or parcel that is discontinued or abandoned for a continuous period of 12 months, shall not be resumed after that and any future use of the lot or parcel shall conform to the provision of this chapter. In the case of any dispute as to whether a nonconforming use is abandoned or discontinued, the burden of proof shall be upon the property owner.

Any nonconforming accessory structure which has been condemned or destroyed through fire or other natural catastrophe to an extent of 100% of its assessed or appraised value at the time of such fire or natural catastrophe may be reconstructed utilizing the existing footprint of the structure. Construction is to be stared within one year and completed within 18 months of the date of the condemnation, fire, or natural catastrophe. At the request of the property owner, the Zoning Inspector may extend the time for completion of construction for an additional period not to exceed 12 months upon a determination of good cause.

Any structure that is moved, for any reason for any distance by the owner shall be required to conform to the regulations for the zoning district in which it is located after it is moved. This restriction shall not apply to the elevation of the structure for repair, replacement, or construction of the foundation and/or the structural undercarriage.

Expansion or enlargement of such structure shall comply with all yard requirements as set forth in Article IX.

No existing structure devoted to a use not permitted by this chapter or any amendment hereto in the zoning 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 zoning district in which it is located.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on or before the effective date of this chapter. No such use shall be extended to occupy any land outside such building.

Any structure in which a nonconforming use is superseded by a permitted use shall, after that, conform to the regulations for the one in which such structure is located, and the nonconforming use may not thereafter be resumed.

Any nonconforming use of a structure that is discontinued or abandoned for a continuous period of 12 months shall not be resumed thereafter, and any future use of the structure shall conform to the provision of this chapter. In the case of any dispute as to whether a nonconforming structure is abandoned or discontinued, the burden of proof shall be upon the property owner.

On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or replacement, provided that the cubic content of the building, as it existed at the time of passage or amendment of 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 any official charged with protecting the public safety, upon order of such official.