Within the districts established by this ordinance or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before the adoption of this ordinance, but which would be prohibited under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconforming uses to continue but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved.

Any use of a structure and/or land existing at the time of enactment or subsequent amendment of this ordinance, but not in conformity with its provisions, may be continued subject to the following provisions:

1.

The use of the building and land cannot be changed to another nonconforming use.

2.

If the nonconforming use has ceased for a period of one continuous calendar year, it shall not be reestablished.

3.

The nonconforming building shall not be rebuilt after damage exceeding 75 percent of the fair sales value of the building immediately prior to damage.

4.

A nonconforming use of a building or portion thereof, may be extended or enlarged by 50 percent of its floor area provided that the requirements for front, side and rear yards; lot area; parking; height limitations and all other requirements of the district in which it is located are met. "Extended" is construed to include attachments of signs or display material on land outside of the building, or the attachment of racks, balconies, or other projections from the buildings; provided, however, that dwellings which are nonconforming only as to height and/or yard areas may be structurally altered or enlarged as provided for under section 2.01 of article 2 of this ordinance.

Nothing in this ordinance shall be deemed a prohibition against strengthening or restoring to a safe condition a building or portion thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official.

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 actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening these materials in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot which is of record at the effective date of adoption or amendment of this ordinance. 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 area requirements for the district; provided, however, that the building placed upon said lot shall conform to the yard requirements of the district as closely as possible in the opinion of the board of adjustment. See section 2.08.