If an existing lot of record on or after the effective date of this chapter is nonconforming, an area variance to waive any lot dimensional requirements is not required in order for a building permit to be secured, provided that such lot does not adjoin other lots in the same ownership.

All such adjoining lots in the same ownership shall be treated together as one lot when a lot is nonconforming. Undeveloped lots shall be merged; one developed lot and one undeveloped lot shall be merged; two developed lots are not required to be merged.

New structures may be built on a nonconforming lot that was in legal existence prior to the adoption of this chapter so long as such new buildings or structures comply with all of the dimensional regulations of the district in which it is located.

Lawfully existing structures located on nonconforming lots may be moved, expanded, enlarged or replaced without an area variance, as long as such change complies with all of the dimensional regulations of the district in which it is located.

Lawful use of any structure that does not meet the dimensional requirements of this chapter may continue, provided that the structure was in legal existence prior to the adoption of this chapter.

Any building or structure, for which a valid building permit was lawfully issued prior to the adoption of this chapter may be completed and used in accordance with the plans and specifications for such building or structure.

Reestablishment of nonconforming structures.

Any nonconforming use that existed lawfully at the time of adoption of this chapter may be continued subject to the following provisions.

Destruction and restoration. If any structure in which a nonconforming use is conducted is hereafter damaged, removed, or destroyed by fire, wind, explosion, or other natural cause, to the extent of 75% or less of its fair market value at the time of such damage, application for any reconstruction or restoration of such structure for a building permit to resume the nonconforming use shall be made within one year and the structure for the nonconforming use shall be constructed within one additional year unless the permit is renewed. If the extent of the damage is greater than 75%, a use variance shall be required to reinstate the use.

Any preexisting legal use that is allowable by special use permit under this chapter, but has not been issued a special use permit, shall be considered a permitted use. The expansion of such a use, other than a single-unit or two-unit dwelling, shall require site plan approval or special use permit, unless such expansion has been permitted by a prior site plan approval or special use permit.

Whenever a nonconforming use has been discontinued for a period of 12 months, such use shall not thereafter be restarted except as provided in this article. Such use shall not be considered continuous unless there is proof, as provided by the property owner, of active use for at least 60 days within each and every twelve-month period.

A nonconforming use shall be deemed to have been discontinued if it is changed to a conforming use.

Preexisting applications. All applications before the Planning Commission, City Council, Zoning Board, or Department staff that have been deemed complete prior to the adoption of this chapter by the respective boards may proceed in accordance with the rules as they existed prior to the adoption of this chapter.

Previously approved plans. Nothing in this chapter shall be deemed to require any change to the plans or buildings approved, but that do not have a certificate of occupancy and/or a certificate of completion, prior to the effective date of this chapter, unless plans were approved three or more years ago.