Damage. The provisions of these regulations shall not apply to the existing use of any buildings or land and shall not prevent the restoration of a building damaged not more than seventy-five percent (75%) of its fair market value by fire, explosion, act of God or the public enemy or prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage within twelve (12) months of such damage, excluding litigation concerning such restoration, but shall apply to any alteration of a building to provide for a change in such use of any building or land after the effective date of these regulations.

Expansion Or Structural Change. No such non-conforming use of a building, structure or land or substantial improvement to a non-conforming building, structure or land shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.

Re-Establishment Of Use. Whenever a non-conforming use of a building, structure or land has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use.

Discontinuance Of Use. A lawful non-conforming use of a building, structure or land that has been voluntarily discontinued for a period of six (6) consecutive calendar months shall not thereafter be resumed.

Residential Use In Non-Residential District. Any structure which is devoted to a residential use and which is located in a business or industrial district may be structurally altered, extended, expanded and enlarged and may be restored if destroyed or damaged by fire, explosion, wind, flooding or other natural disaster, provided however, that after any such reconstruction, such structure shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work unless specifically permitted by the district.

Reconstruct By Conditional Use. Non-conforming, non-residential structures and uses that existed on the day prior to the effective date of these regulations may apply on a one-time basis only to the Board of Aldermen for a conditional use permit to reconstruct, structurally alter or enlarge after damage or destruction or structurally alter, enlarge or make extensions to structures or uses including the use of additional land when properly zoned for the use, so long as in the opinion of the Board of Aldermen under stated conditions that the effect upon adjacent areas is protected to the extent possible and the public interest served.

Recorded Plat Prior To UDC Adoption. A non-conforming recorded lot is a tract of land designated on a duly recorded subdivision plat; or by a duly recorded deed which indicates the establishment of the parcel prior to the adoption of the Kearney Unified Development Code (or previous subdivision regulations); or by other lawful means; which has less than the minimum lot area, width or other dimension prescribed for the particular zone in which it is located and which met the lot area, width and other dimensions for the zone in which it was located at the time of such recording, but was made non-conforming by a subsequent amendment to this UDC.