The provisions of this Article shall apply to all non-conforming situations as defined herein. Establishment of any use or development of land after the effective date of this Chapter or amendment thereto, which does not comply with the regulations contained in this Chapter or amendment thereto, shall be considered a violation of this Chapter and not a non-conforming situation.

A non-conforming situation shall not be deemed to have existed on the effective date of this Chapter or amendment thereto, unless:

Any non-conforming use of part or all of a structure or any non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the following provisions:

Existing uses which were issued a conditional use permit and continue to be classified as conditional uses under the applicable district regulations of this Chapter, or amendment thereto, shall not be considered a non-conforming use. Such a use may continue, subject to compliance with the conditions set forth in the conditional use permit. The same applies to uses approved with conditions of use attached under the site plan review procedure, which under this Chapter are classified as a conditional use.

Existing uses which were issued a conditional use permit or site plan review approval prior to effective date of this Chapter or amendment thereto, but are no longer permitted as a conditional use or as a permitted use upon such effective date, shall be considered a non-conforming use, subject to the provisions of this Article.

Uses existing prior to the effective date of this Chapter, or amendment thereto, which were not classified as a conditional use, but are so classified upon such effective date, shall be deemed a lawful conforming use. In the event that such existing use is to be altered (other than maintenance and remodeling), expanded, intensified, or otherwise changed, then such use shall be required to obtain a conditional use permit, pursuant to the procedures set forth in Article XI of this Chapter.

Exceptions to the non-conforming use provisions shall be limited to the following:

Lots of record, established prior to the effective date of this Chapter, or amendments thereto, that have any dimensional non-conformities, may be used for purposes allowable by this Chapter, subject to the following limitations:

Non-Conforming Structures Associated With Conforming Uses. Any non-conforming structure, which is associated with a conforming use, may remain as a non-conforming structure, subject to the following provisions:

Non-Conforming Structures Associated With Non-Conforming Uses. Any non-conforming structure, which is associated with a non-conforming use, may remain non-conforming, subject to the regulations contained in Division 2 and Section 400.3120 of this Article.

Any other dimensional non-conformities may remain non-conforming, so long as any modification to a building site or the structures thereon, as may be permitted by this Article, does not create any increase in the degree of such other dimensional non-conformity. Without limiting the generality of the foregoing, the following provisions shall apply to other dimensional non-conformities:

Nothing in this Article shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged, by any means, to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the Zoning Administrator, with the advise of the Building Commissioner; provided however, that the restoration of such structure and its use in no way increases any former non-conformity, and provided that restoration of such structure is begun within six (6) months of such damage and diligently prosecuted to completion within two (2) years following such damage.

Whenever such structure has been damaged, by any means, to an extent of more than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the Zoning Administrator, with the advice of the Building Commissioner, the structure shall not be restored except in full conformity with all regulations of this Chapter; provided that in any elevator apartment dwelling located in an "HR" High Density Residential District, (i) the acquisition and rehabilitation of which has been financed with proceeds from tax exempt bonds issued by the Missouri Housing Development Commission, or (ii) with respect to which an allocation, reservation or award of Federal low-income housing tax credits under Section 42 of the Internal Revenue Code in the amount of at least three hundred thousand dollars ($300,000.00) per year is made, or a combination of any of the foregoing, said dwelling located in said district, and all units situated therein, may be reconstructed after damage by any means to the extent of the same density and configuration as existed prior to the occurrence of said damage, regardless of the extent of the damage. In such instance, there need not be compliance with the following Sections of this Chapter, so that said dwelling and all units situated therein may be reconstructed as they existed prior to the occurrence of the damage:

When a structure is determined by the Zoning Administrator, with the advice of the Building Commissioner, to be in violation of the Building Code or any applicable health or safety code, and the cost of placing the structure in condition to satisfy the standards under such codes exceeds fifty percent (50%) of the reconstruction cost of the entire structure, as determined by the Zoning Administrator, with the advise of the Building Commissioner, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use.