Within the districts established by this article, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this article was passed and amended, but which would be prohibited, regulated or restricted under the terms of this article or future amendments. It is the intent of this article to permit these nonconformities to continue until they are removed. It is further the intent of this article that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other buildings and structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this article to be incompatible with permitted uses in the districts involved. A conforming use of a building or structure, a nonconforming use of land, or a nonconforming use of buildings and land in combination shall not be extended or enlarged after passage of this article by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

The lawful use of a building or land existing at the date of enactment hereof, although such does not conform to the provisions hereof, may be continued, but if 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. The use of the land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.

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 assessed value or restoration is not started within a period of one year and carried diligently to completion, application for restoration shall be made to the board of adjustments to permit such restoration. Property owners, as shown by the city tax records on the effective date hereof, shall be able to restore their property regardless of the extent of destruction, without making application to the board of adjustments. Owners of a single-family residential home or a duplex residential unit located in a commercial district shall be permitted to restore their home regardless of the date they became the owner of the home and regardless of the extent of the destruction, without making application to the board of adjustments. However, said restoration shall comply with all building and construction codes then in effect within the city.

The total structure repairs or alterations in a nonconforming building shall not, during its life, exceed fifty percent (50%) of the assessed value of the building unless changed to a conforming use. The use of a nonconforming building may be changed to another nonconforming use of the same or more restricted classification.

A nonconforming use of a building or land shall not be extended unless changed to a conforming use.

Whenever the nonconforming use of a structure is changed to the use of a more restricted 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 SF1 Districts shall be deemed to be those in the most restricted classification.

Property acquired by the city. Where a lot is occupied by a lawful building or structure, and where the acquisition of right-of-way, by eminent domain, dedication, or purchase by the city creates noncompliance of the structure or property regarding any requirement of the zoning or subdivision ordinance, such structure or property shall be deemed nonconforming, and acquiring agency shall provide a compliance plan. Such designation shall apply only to noncompliance that results directly from the acquisition of right-of-way or by acquisition through eminent domain.

Property acquired by other agency. Where the acquisition of right-of-way, by eminent domain, dedication, or purchase, by an agency other than the city, creates noncompliance of the structure or property regarding any requirement of the zoning or subdivision ordinance, such structure or property shall not be considered nonconforming and shall be required to meet all code requirements of the zoning and subdivision ordinance of the city. The acquiring agency shall be required to compensate the property owner for implementation of this subsection (b).