When a use or structure does not conform to the regulations prescribed in the zoning district in which such use or structure is located and was in existence and lawfully operating prior to the adoption of any previous zoning ordinance and has been operating since without continuance, or when on the effective date of this ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of any previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located, such use or structure shall be considered as a nonconforming use or structure.

In any district in which residential, commercial or industrial buildings are permitted, buildings may be erected on any single lot of record or multiple lots, provided there is access to such buildings or houses from a street and it is in the same ownership as recorded on the effective date of this ordinance. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or depth, for the district in which located; however, all other requirements shall still apply. Any construction on nonconforming lots of record shall be permitted only with approval of the board of adjustment.

Repairs and alterations may be made to a legal nonconforming building, provided that no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No nonconforming use or building may be expanded or increased beyond the lot or tract of land upon which such nonconforming use or structure is located after the passage of this ordinance except to provide off-street loading or off-street parking space facilities. However, the board of adjustment shall have the authority after a hearing to grant extension of a nonconforming building not to exceed 25% of the existing building area in case of hardship.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit has been properly secured from the city.

The lawful use of a building or land existing at the date of enactment of this ordinance, although such use does not conform to the provisions hereof, may be continued. However, if the nonconforming use of any land is discontinued for a period of sixty (60) consecutive calendar days, it shall not thereafter be resumed and any future use of such land shall be in conformity with this zoning ordinance. Upon evidence of hardship, the board of adjustment shall have the power to extend the time limits for the nonconforming use not to exceed six (6) months. If a nonconforming building or structure is discontinued for a period of six (6) consecutive calendar months, it shall not thereafter be resumed and any future use of such land shall be in conformity with this zoning ordinance.

A nonconforming use or building changed to a conforming use or building may not thereafter be changed back to a nonconforming use or building. Also, whenever a nonconforming use of a building or structure is changed to a use of a more restrictive classification, such use shall not thereafter be changed to a use of a less restricted classification. For the purpose of this regulation, uses permitted in “R-1” Districts shall be deemed to be those in the most restrictive zoning classification while industrial districts shall be the least restrictive.

A nonconforming building or structure destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than fifty percent (50%) of its assessed value may be restored. If the damage is in excess of fifty percent (50%) of its value, application for restoration shall first be made to the board of adjustment to permit such restoration. The board may grant or deny such restoration only after public hearing and taking into consideration the property owner’s circumstances and the effect on the surrounding property. Homeowners, as shown by the city tax records on the effective date of this ordinance, shall be able to restore their property regardless of the extent of destruction, without making application to the board of adjustment. However, said restoration shall comply with all construction codes then in effect within the city and reconstruction must be started within six (6) months. The failure to start restoration or reconstruction within six (6) months shall forfeit the owner’s right to restore or reconstruct the same unless as a conforming building or structure.