When a use or structure does not conform to the regulations prescribed in the 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 discontinuance, 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 which uses recorded prior to the effective date of this ordinance in the same ownership. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, for such districts in which located; however, all other requirements shall still apply. Any required variances shall be obtained only through the zoning board of adjustment.

No nonconforming use or structure 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.

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 on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which a building permit has been properly secured from the city. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

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 is discontinued for a period of six (6) consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof.

Whenever the nonconforming use of a 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 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 zoning 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 owners 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 zoning board of adjustment. However, said restoration shall comply with all construction codes then in effect within the city and must be started within one (1) year. The failure to start restoration or reconstruction within one (1) year shall forfeit the owner’s right to restore or reconstruct the same unless as a conforming use or building.

Any use which is permitted in a district only upon action of the zoning board of adjustment shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a specific use permit for such use.