The lawful use of any building or structure or land existing at the time of the enactment or amendment of this title may be continued, even though such use does not conform with the provisions of this title, except that the nonconforming use shall not be:

A.

Extended to occupy a greater area of land;

B.

Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the passage or amendment of this title and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure;

C.

Re-established after discontinuance for one year;

D.

Changed to another or different nonconforming use.

(Ord. 265A (part), 2001)

A nonconforming building or use existing at the time of the enactment or amendment of this title may be retained except as follows:

A.

No building other than a single-family detached dwelling may be enlarged or altered except in conformance with this title but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

B.

No building other than a single-family detached dwelling shall be rebuilt, altered or repaired after damage exceeding fifty percent of the replacement cost of the above-ground structure at the time of destruction, except in conformity with this title, provided that such damage occurred as a result of fire, flood, wind, earthquake or other natural disaster.

(Ord. 265A (part), 2001)

No provision of this title shall be construed to affect the validity of any of the following:

1.

Any development permit lawfully authorized prior to the adoption of this title, or any amendment to this title, upon approval of relevant construction drawings; and such development may proceed to record provided that all time constraints and conditions relating to the approval are observed, and that the lot size and construction of buildings shall be in accordance with the area and dimensional requirements existing on the date of such approval.

2.

The minimum floor area and garage requirements of a residential development shall be the minimum legally authorized by the zoning title in effect at the time of a city approved concept plan or construction plans for streets and lots of said residential subdivision development. If only a concept plan is approved, a development permit for the residential subdivision shall be issued within six months of the date of concept plan approval. The subdivision construction plans shall substantially match the concept plan layout and the number of lots shall not exceed the number originally approved within the concept plan.

(Ord. 265A (part), 2001)