To control and gradually eliminate those uses of land or buildings, which although legal at the time of their establishment, do not now conform to the use regulations of the district within which they are situated. Such uses shall be deemed non-conforming uses. Likewise, it is intended to control and gradually eliminate buildings which, although legal at the time of their erection, do not now conform to the height, bulk and location regulations of the district within which they are situated. Such buildings shall be deemed to be non-complying structures.

Except as hereinafter specified, any use, building, or structure, lawfully existing at the time of the enactment or subsequent amendment of this Title, may be continued, even though such use, building, or structure does not conform with the provisions of this Title for the district in which it is located. Except as otherwise provided by law, nothing in this Title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

1.

A non-conforming use shall be terminated due to its abandonment. Abandonment has occurred if:

a.

A majority of the primary structure associated with the non-conforming use has been voluntarily demolished without prior written agreement with the City regarding an extension of the non-conforming use; or

b.

The use has been discontinued for a minimum of one (1) year; or

c.

The primary structure associated with the non-conforming use remains vacant for a period of one (1) year.

2.

The non-conforming status of a school district or charter school use or structure shall be terminated when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a period of one (1) year.

3.

A non-complying structure shall not be reconstructed or restored and a nonconforming use of a structure shall be terminated if:

a.

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 the non-complying structure or non-conforming use will be lost if the structure is not repaired or restored within six (6) months; or

b.

The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the non-conforming use.

A non-conforming use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the district in which it is located, and a non-complying structure shall not be reconstructed or structurally altered unless such alteration shall result in removing those conditions of the building which render it non-conforming, except as follows:

1.

When authorized by the Planning Commission in accordance with this Title, a nonconforming use which is determined to be a more desirable nature may be substituted for another non-conforming use.

2.

Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use.

3.

When authorized by the Planning Commission in accordance with this Title, a building devoted to a non-conforming use may be completed upon the lot occupied by such building provided that such completion is necessary and incidental to the existing use of such building.

4.

Repairs and structural alterations may be made to a non-conforming building provided that the floor space of such building is not increased.

5.

A non-conforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became non-conforming.

6.

A non-conforming use or non-complying structure which is involuntarily destroyed in whole or in part due to fire, flood, wind, earthquake, or other calamity may be restored and the occupancy or use of such building structure or part thereof which existed at the time of such destruction may be continued or resumed unless the structure or use has been abandoned.

7.

Application for substitution or extension of a non-conforming use as provided in this Section shall be made and considered in the manner set forth in KCC 17-30 for a Conditional Use Permit.