A non-conforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the effective date of this Zoning Code, November 14, 1990, or any amendment thereto became effective, and which fails to conform to one (1) or more of the applicable regulations of the Zoning Code or such amendment thereto, except minimum lot area, yard and setback requirements. The provisions of this Section shall apply to all non-conforming uses, lands and structures.

Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties, and they confer upon their owners and users a position of unfair advantage.

An existing non-conforming land use or structure shall not cause further departures from the Zoning Code. An existing non-conformity may be continued except as hereinafter limited in this Section. A non-conforming use may be changed to another use only in accordance with the following:

The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.

A non-conformity shall not be deemed to have existed on the date this Zoning Code or any amendment thereto became effective, unless:

A non-conforming use of land shall not be enlarged, extended or altered and a structure or part thereof devoted to a non-conforming use shall not be enlarged, extended or altered and a structure or part thereof devoted to a non-conforming use shall not be enlarged, extended, constructed, reconstructed or structurally altered, except:

A non-conforming use of land shall not be moved to another part of a lot or outside the lot and a non-conforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became non-conforming except that in the case of the extraction of raw materials from the earth, extraction operations and moving of related structures may occur on any part of the tract owned or leased by the operator at the time of becoming a non-conforming use.

Where any change is proposed to be made to a use that is permitted in the district only by a conditional use permit, such change may be made only through a conditional use permit granted pursuant to the procedure delineated by this Code.

The number of dwelling units in a non-conforming residential structure shall not be increased over the number of dwelling units in the structure at the time of the structure becoming a non-conforming structure.

Nothing in this Code shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than sixty percent (60%) 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 destruction, provided the restoration of such structure and its use in no way increases any former non-conformity and, provided further, that restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of more than sixty percent (60%) 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 destruction, as determined by the Building Commissioner or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated. When a structure is determined to be substandard by the Building Commissioner under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall not exceed sixty percent (60%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure as provided in this Chapter.

Any non-conforming use which has been abandoned shall not thereafter be re-established. Any structure or land, or structure and land in combination, which was formerly devoted to a non-conforming use which has been abandoned shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land, or structure and land in combination, is situated.

The term "abandonment", as used herein, shall mean the voluntary discontinuance of a use when accompanied by an intent not to re-establish such use. Any one (1) of the following shall constitute prima facie evidence of intent to abandon: