1.   Statement of Intent. Within the various districts established by this chapter or its amendments, there exist structures and uses of land, with or without structures, which were lawful or vested uses prior to the adoption of this chapter or its amendments, but which would be prohibited, regulated, or restricted under the provisions of this chapter. Such uses and structures are referred to as “nonconforming” uses and structures in this chapter. It is the intent of this chapter to permit these nonconformities to continue even though they are incompatible with the district in which they are located so long as provisions hereinafter set forth are complied with. However, it is the general intent to restrict nonconforming uses and structures and discourage indefinite prolongation of the life of nonconforming uses and structures so that ultimately conformance with this chapter will prevail.

   2.   Nonconforming Uses of Land. If a use of land upon which no building or structure is erected or constructed exists at the effective date of this chapter or any amendment hereto which was lawful under all laws, including zoning laws, in effect immediately prior to the effective date, but which would not be allowed under the terms of this chapter or any amendment, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      A.   No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land.

      B.   No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel.

      C.   No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district.

      D.   If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.

   3.   Nonconforming Uses of Structures. If a use of a structure, or of a structure and land in combination, exists at the effective date of this chapter or any amendment hereto which was lawful under all laws, including zoning laws, in effect immediately prior to the effective date, but which would not be allowed under the terms of this chapter or any amendment, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      A.   No existing structure devoted entirely or in part to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located.

      B.   Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time it became nonconforming. No such use shall be extended to any land outside such building.

      C.   If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature or a more restricted use. Whenever a nonconforming use 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 or a nonconforming use.

      D.   In the event that a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for a period of 12 months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applied to a structure and land in combination, removal or destruction of the structure shall terminate the authorization for the nonconforming use of the land.

      E.   Nothing in this chapter shall be deemed to prevent the restoration of a building destroyed to the extent of not more than 65 percent of its reasonable value by casualty.

   4.   Nonconforming Structures. Where a structure is nonconforming by reason of restriction 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:

      A.   That it is not enlarged or altered in a way which increases its nonconformity.

      B.   Nothing in this chaptershall be deemed to prevent the restoration of a building destroyed to the extent of not more than 65 percent of its reasonable value by casualty.

   5.   Nothing in this chapter shall be construed to restrict or prohibit the sale of a nonconforming use or land containing nonconforming uses or structures. However, no purchaser of a nonconforming property or use may claim unnecessary hardship as a basis for a variance under this chapter.

   6.   The foregoing provisions shall also apply to nonconforming uses and structures in districts hereafter changed and to property hereafter annexed to the City. In such cases the effective date of this chapter shall be the date of amendment or annexation.