Subject to the provisions of this article, a nonconforming use or structure lawfully existing at the time of the enactment of this ordinance, or any amendment thereto, may be continued. A nonconforming use or structure may be resumed, reconstructed, or altered only in accordance with this article. Alterations of any such use or structure shall be permitted when necessary to comply with any lawful requirement for alteration.

A change of ownership or occupancy of a nonconforming use or structure shall not be permitted as long as the change does not alter the use or structure

Where a use or a structure is currently authorized only as a conditional use and was legally established at a time when obtaining a conditional use permit was not a legal requirement, then any expansion or alteration thereof shall be reviewed under the standards for a conditional use permit for said use or structure; in the event the proposed expansion of the use or structure does not meet the criteria for a conditional use permit, or in the event the conditional use permit is denied, then said use or structure shall be considered non-conforming and the proposed expansion or alteration thereof shall be reviewed under the standards for expansion or alteration of a non-conforming use or structure contained in this Article.

If a nonconforming use is discontinued for a period of twelve (12) months, further use of the property or structure shall conform to this ordinance.

lf a nonconforming use or structure is replaced by another use or structure, the new use or structure shall conform to this ordinance

Restoration or replacement of any nonconforming use or structure may be permitted, pursuant to Section 5.070 of this article, when the restoration or replacement is made necessary by fire, other casualty, or natural disaster. Restoration or replacement shall be commenced within one (1) year from the occurrence of the fire, casualty or natural disaster. If such activity does not commence within one (1) year, any future use or structure shall conform to this ordinance.

Alteration of a nonconforming use or structure, as defined by Section 5.010 of this article, may he permitted in order to reasonably continue the use. Such alteration may be approved by the Commission and Council pursuant to Section 5.070 and upon a finding that:

1.

The change in the use is of no greater adverse impact to the neighborhood; and

2.

The change in the structure or physical improvements are of no greater adverse impact to the neighborhood.

1.

An application for renovation, replacement or alteration of a nonconforming use or structure shall be initiated by requesting and filing the appropriate permit application with the City Recorder. Such application shall be submitted to and heard by the Commission through the public hearing process as prescribed by Sections 10.430 through 10.460 of this ordinance. All applications for such renovation, alterations or replacements shall be submitted to the City Recorder no less than fifteen (15) working days prior to the date of the proposed public hearing. The application shall contain, but is not limited to the following information:

A.

Name of applicant.

B.

Legal description of the property in question.

C.

A map sufficient to indicate location of property.

D.

Intended or proposed plans for renovation, alteration or restoration of a nonconforming use or structure.

E.

Authorizing signature for the application.

2.

Other information including plans, sketches, or designs may be required if necessary to gain a complete understanding of the proposed activity. An application inaccurately or incorrectly submitted, or not containing sufficient information, may be grounds for summary dismissal by the Commission.

3.

The Commission and/or Council may impose such conditions on the renovation, replacement or alteration of a nonconforming use or structure and is appropriate under the circumstances.

Nothing contained in this resolution shall require any change in plans, construction, alterations or designated uses of a structure on which construction has lawfully commenced prior to the adoption of an amendment to this ordinance and/or map which would render the use or structure nonconforming, if said building or structure is completed and in use within two (2) years from the date of said amendment to text and/or map.