1.   Statement of Intent. Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before the ordinance codified herein was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed. It is the further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same district. Nothing in this chapter 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 the Zoning Ordinance and upon which actual building construction has been continuously carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that such work shall be continuously carried on until completion of the building involved.

   2.   Nonconforming Lots of Record. In any district in which residential dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a residential dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of these regulations. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the requirements, for area or width or both that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the board. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of these regulations, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the land involved shall be considered to be an undivided parcel for the purpose of these regulations and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by these regulations, nor shall any division of the parcel be made which leaves remaining any lot with width or area below requirements stated in this chapter.

   3.   Nonconforming Use of Land, Use of Structures, and Structures in any Residential District.

      A.   Nonconforming Use of Land in a Residential District. In any residential district in which dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, lawful use of land exists that is made no longer permissible under the terms of the Zoning Ordinance as enacted or amended, such use may be continued, subject to the following provisions.

         (1)   No such nonconforming use of land shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Ordinance.

         (2)   No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Zoning Ordinance.

         (3)   If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

      B.   Nonconforming Use of Structures in a Residential District. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the Zoning Ordinance, which would not be allowed in the district under the terms of the Zoning Ordinance, the lawful use may be continued subject to the following provisions:

         (1)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

         (2)   Any nonconforming use of a structure may be extended throughout any of the parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of the Zoning Ordinance, but no such use shall be extended to occupy any land outside such building.

         (3)   Wherever a nonconforming use of a structure has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

         (4)   When a nonconforming use of a structure or structure and premises in combination, is discontinued or abandoned for one year, the structure or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

         (5)   Where nonconforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the nonconforming status of the land.

         (6)   Any structure devoted to a use made nonconforming by this chapter which is destroyed by any means to an extent that it cannot be reconstructed to a structurally sound condition in the judgment of the City Council, exclusive of the foundations, shall not be reconstructed and used as before such happening. If the structure can be reconstructed to a structurally sound condition in the judgment of the City Council, it may be reconstructed and used as before provided reconstruction be started within six (6) months of such happening and be completed within one year, and be built of like or similar materials.

      C.   Nonconforming Structures in a Residential District. Where a structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason or restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

         (1)   No such structure may be enlarged or altered in a way that increases its nonconformity; and

         (2)   Should such structure be destroyed by any means to an extent that it cannot be reconstructed to a structurally sound condition in the judgment of the City Council, it shall not be reconstructed except in conformity with the provisions of this chapter.

   4.   Nonconforming Use of Land, Use of Structures, and Structures in Any District Other Than a Residential District.

      A.   Nonconforming Use of Land in a District Other Than in Residential. The regulations governing nonconforming use of land in any residential districts as described in subsection 3 of this section shall also apply to this subsection.

      B.   Nonconforming Use of Structures in a District other than Residential. The regulations governing nonconforming use of structures in any residential district as described in subsection 3 of this section shall also apply to this subsection with the following exception: Any structure in any district other than a residential district devoted to a use made nonconforming by this chapter may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height, and parking requirements of the district in which located, provided such construction shall be limited to buildings on land owned, of record, by the owner of the land devoted to the nonconforming use prior to the effective date of this Zoning Ordinance. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted at the time of passage of this Zoning Ordinance.

      C.   Nonconforming Structures in a District Other Than Residential. The regulations governing nonconforming structures in any residential district as described in subsection 3 of this section shall also apply to this subsection.

   5.   Required Repairs and Unauthorized Nonconformity. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixture, wiring, or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment of this Zoning Ordinance shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Any use of land, use of structure, or use of land and structure, in existence at the time of adoption of this Zoning Ordinance which was not an authorized nonconformity under the previous zoning ordinance shall not be authorized to continue its nonconforming status pursuant to this Zoning Ordinance or amendments thereto.

   6.   Uses Under “Exceptions to Prohibited Uses” Are Nonconforming Uses. Any use for which a special exception is permitted as provided in Section 165.27 of this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.