It is the intent of this section to:  (i) recognize those developments and property uses that are already in existence prior to the effective date of this chapter but which may not conform to all of the provisions of this chapter regarding permitted uses; and (ii) regulate nonconforming uses and structures because they have been found to be incompatible with permitted uses and structures in the zone involved.  It is not the intent of this section to create undue hardship or to unduly restrict property uses that are in existence and not creating any appreciable problems.  Single-family uses shall not generally be treated as nonconforming uses.  Nonconforming buildings shall be regulated to prevent an increase in the degree of nonconformity.  The lawful use of any building or land existing on the effective date of this chapter may continue, although such use of land does not conform with the provisions of this chapter.

1.   Structural Alterations.  Structural alterations may be made to nonconforming buildings to meet the minimum requirements of other City codes.

2.   Unlawful Use Not Authorized.  Nothing in this section shall be interpreted as authorization for the continuance of the use of a structure or land established unlawfully in violation of the zoning regulations in effect prior to the enactment of this chapter.

3.   Existing Single-Family Dwellings Treated as Conforming.  Notwithstanding any other provision of this chapter, a single-family use, a single-family dwelling and accessory structures or a lot on which a single-family dwelling is located that was conforming prior to the effective date of this chapter shall generally be treated as conforming for as long as the dwelling is used for a single-family use.  Such uses shall be referred to as “existing nonconforming single-family.”  Accordingly, the following rights shall be granted under this chapter:

   A.   Structures for an existing nonconforming single-family use may be restored for a single-family use if destroyed or damaged by fire, explosion, act of God or by a public enemy; reconstructed; expanded; repaired; and structurally altered, provided all other requirements of this chapter are met.

   B.   Existing nonconforming single-family dwellings or existing nonconforming accessory structures to a single-family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God or by a public enemy; repaired; and structurally altered, provided such construction does not increase or extend the degree of nonconformity.  Nonconforming structures shall not be reconstructed except in compliance with the provisions of this chapter.

   C.   An existing nonconforming single-family use and an existing nonconforming single-family dwelling and accessory structures on an existing nonconforming lot shall be granted the same rights as above and any other rights as if the lot were conforming.

   D.   An existing nonconforming single-family use and an existing nonconforming single-family dwelling and accessory structures shall also be granted the same rights as for other nonconforming uses and structures.

4.   Nonconforming Uses.  Except as otherwise provided in this chapter, nonconforming uses and structures for nonconforming uses shall be regulated as follows:

   A.   No nonconforming use shall be enlarged nor shall a structure for a nonconforming use be constructed, reconstructed, structurally altered or relocated on the lot.

   B.   A nonconforming use may be converted only to a conforming use.  Once a use is converted to a conforming use, it shall not be converted back to a nonconforming use.

   C.   Any structure for a nonconforming use, which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than sixty-five percent (65%) of the structure’s assessed value may be restored for the same nonconforming use as existed before such damage.  However, the nonconforming use shall not be enlarged to more than existed before such damage.

   D.   A lot or portion of a lot, on which is located a structure for nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 65% or more of the structure’s assessed value, shall revert to a conforming use.

   E.   A lot or portion of a lot devoted to a nonconforming use, which is discontinued for a period of one (1) year, shall revert to a conforming use.

   F.   A nonconforming use shall be permitted to have the same amount and type of signage as would be allowed for such use in the most restrictive zone in which such nonconforming use is allowed.

5.   Nonconforming Structures.  Nonconforming structures shall be regulated as follows:

   A.   Any nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of less than 65% of the structure’s assessed value, may be restored to the same degree of nonconformity or less.

   B.   Except for buildings in an Historic District, a nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God or by public enemy to the extent of 65% or more of the structure’s assessed value, shall not be restored except in compliance with the provisions of this chapter.  A nonconforming building in an Historic District may be placed upon its original foundation or the site of the original foundation regardless of the extent of damage provided that it is reconstructed as near as possible to the original exterior design.

   C.   Any nonconforming structure containing a conforming use may be converted to another conforming use, provided there shall not result an increase in the degree of nonconformity of the structure.

   D.   A nonconforming structure may be structurally altered, provided it is structurally altered in a way which will not increase or extend its nonconformity or in a way which will reduce its nonconformity.

   E.   Any nonconforming structure which is relocated on the same lot shall thereafter conform to the provisions of this chapter.

6.   Nonconforming Lots.  Development of nonconforming lots shall be regulated as follows:

   A.   Any use or structure for a use permitted in the zone in which the lot is located may be established or erected, provided the use or structure meets all other requirements of this chapter.  However, no use nor structure for a use, either one of which requires more lot area than presently exits, shall be permitted.

   B.   All existing conforming or nonconforming uses and structures shall be treated as if such uses and structures were established on a conforming lot.  However, no use or structure for a use, either one of which requires more lot area than presently exists and the structure of which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 65% or more of the structure’s assessed value shall be restored except in compliance with the provisions of this chapter.