Any use of land, building, structure, or occupancy of a building or structure by use lawfully existing at the time of passage of this ordinance may be continued, even though the use or structure does not conform to the regulations of this ordinance for the zoning district in which it is located. The property owner will have the burden of establishing the legal existence of a non-complying structure or non-conforming use.

1. A non-conforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of extension.
2. For the purposes of this section, the addition of a solar energy device to a building shall not be considered a structural alteration.
3. The City may provide for the expansion of a nonconforming use upon the issuance of a conditional use permit.
4. The City shall not prohibit the reconstruction or restoration of a non-complying structure or terminate the non-conforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure or use has been abandoned.

1. The LUHO is hereby authorized as the Land Use Authority to review and render a decision determining the existence of a non-conforming use, a non-complying structure, or other legal non-conformity.
2. The LUHO is hereby authorized as the Land Use Authority to review and render a decision concerning any disputes relating to the abandonment of structures associated with a non-conforming use or non-complying structure.
3. All requests for a determination of the existence of a non-conforming use, non-complying structure, or other non-conformity shall be initiated by filing the necessary application with the Zoning Administrator. Requests shall be made by an agent of the property owner, or a lessee of the property with property owner authorization, shall be accompanied with the fees as outlined in the City’s fee schedule, and shall be accompanied with other information to clearly establish the existence of a non-conforming use, non-complying structure, lot, sign, or other non-conformity.
4. The LUHO shall review the application and evidence presented by theapplicant.
   1. If the LUHO finds that the use, structure, or other nonconformity which is the subject of the application legally existed on the date of adoption of this ordinance and all other ordinance requirements as applicable were complied with, the application shall be approved.
   2. If the LUHO finds that the use, structure, or other non-conformity which is the subject of the application did not legally exist on the date of adoption of this ordinance including other ordinances and requirements as applicable and did not comply with prior enactments there, the application shall be denied and no other approvals, licenses, or permits shall be approved that are related to the use, structure, or other non-conformity.
      

A nonconforming use, building or structure will not be enlarged, extended, reconstructed or structurally altered unless an enlargement, extension, reconstruction or structural alteration and further use of the property conforms to the requirements of this Ordinance for the zoning district the property is located in. A building or structure occupied by a nonconforming use, or a building or structure non-complying as to height and/or yard requirements, may be added to or enlarged or moved to a new location on the lot with a permit authorized by the LUHO. After a public hearing, the LUHO may issue a permit if the following conditions are found to be met:

1. The addition to, enlargement of, or moving of the building shallbe in harmony with one or more of the purposes of this Ordinance and will be in keeping with the intent of this ordinance.
2. That the proposed change does not impose any unreasonable burden upon the lands and residents located or residing in the vicinity of the nonconforming uses or structure.

Repairs and structural alterations may be made to a non-complying building or to a structure housing a nonconforming use.

A non-complying building or structure lacking sufficient off-street parking space as required by this ordinance may be altered or enlarged provided additional off-street parking space is supplied to meet the requirements of this ordinance for the alteration or enlargement.

A non-complying building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy may be restored and the occupancy or use of the building, structure or part that existed at the time of damage or destruction may be continued or resumed, provided that restoration is commenced within a period of six (6) months following the damage or destruction and is diligently pursued. The City may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure if:

1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice to the property owner that the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six (6) months; or
2. The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.

A nonconforming use may only be changed to a use allowed in the zoning district in which the property is located by following the use permitting procedures as identified in this ordinance. An existing nonconforming lot or parcel will not be enlarged or modified except to create landscaping, fencing, curb, gutter, road widening, minimum off-street parking or other similar improvements that will provide a safer and more compatible facility.

A nonconforming use will be deemed to be abandoned if:

1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the City regarding an extension of the nonconforming use;
2. The use has been discontinued for a minimum of one year; or
3. The primary structure associated with the nonconforming use remains vacant for a period of one (1) year.

The property owner may challenge the assumption of abandonment and will have the burden of establishing that any claimed abandonment has not in fact occurred.