1.

The lawful use of a building existing at the time of the adoption of this Ordinance may be continued even though such use does not conform with the provisions hereof, or any subsequent amendments or changes as a result of which a building becomes nonconforming. However, no modifications of, additions to, or repairs of damages willfully inflicted, any of which require a building permit, will be allowed, except as provided in part 3 below.

2.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming use in districts as may be hereafter changed. Whenever a nonconforming use of building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

3.

When a building, the use of which does not conform to the provisions of this Ordinance, is damaged, by an act of God or accident beyond the control of the occupant or owner, to the extent of more than 65% of its replacement cost as determined by the Builder's Board of Appeal using an established method, it may be restored only for uses that conform to the district in which it is located.

4.

In the event that a nonconforming use of any lot is discontinued, or its normal operation stopped, the use of the same shall from that moment conform to the uses of the district in which it is located. In the event that a nonconforming use of any building or structure is discontinued, or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the use permitted in the district in which it is located.

5.

A nonconforming use occupying only a portion of a building may be extended throughout the building, if use of the same has been lawfully acquired.

6.

Office units, with a permit, may be temporarily placed in any district, on construction sites, for use by the contractor. Use as a residence will not be allowed. The permit shall state the specific use of, and conditions under which the office may be placed on the site, and state the maximum length of time it may remain, but under no conditions shall it remain more than 12 months. The City Engineer shall issue the permit, and its conditions and limitations shall be based on the location and type of construction.

(Ordinance 982 adopted 9/8/08)