1.

Non-conforming buildings. The lawful use of a "building" existing at the time of the passage of this ordinance; may be continued, although such use does not conform to the provisions of this ordinance; and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to assure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such non-conforming use of such building is discontinued for a continuous period of not less than one hundred eighty (180) days, every future use of such premises shall be in conformity with the provisions of this ordinance.

2.

Non-conforming land. The lawful use of "land" existing at the time of the passage of this ordinance, although such use does not conform to the provisions of this ordinance, may be continued; provided, however, that no such non-conforming use shall be enlarged or increased, nor shall any non-conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this ordinance. If such non-conforming use is discontinued for a continuous period of not less than one hundred eighty (180) days, any future use of said land shall be in conformity with the provisions of this ordinance. Provided, however, that where "land" which is now used for a use excluded from the district in which such "land" is located and such use is not an accessory to the use of a main building located on the same lot or grounds such non-conforming use of "land" shall be discontinued and all material completely removed by its owner not later than three (3) years from the date of the passage of this ordinance.

3.

Use of more restricted classification. If no structural alterations are made, a non-conforming use may be changed to a use of the same or more restricted classification according to the provisions of this ordinance. When a district shall hereafter be changed, any then existing non-conforming use in such changed district may be continued or changed to a use of a similar or more restricted classification; provided all other regulations governing the new use are complied with. Whenever a non-conforming use of a building has been discontinued or changed to a more restricted classification or to a conforming use, such use shall not thereafter be changed to a non-conforming use of a less restricted classification.

4.

Restoration. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty (50) percent of its assessed value by fire, explosion or other casualty, or act of God, or the "public enemy", nor the continued occupancy, or use of such building or part thereof which existed at the time of such partial destruction.

5.

Non-conforming lot of record. Where the owner of a lot at the time of the adoption of this ordinance or his/her successor in title thereto does not own sufficient land to enable him/her to conform to the dimensional requirements of this ordinance, such lot may be used as a building site for a single-family residence in the R-1, R-1A and R-2 districts or a permitted use in all other districts except RPUD-1 and MXD-1. This shall be subject to the building conforming to the dimensional requirements which can be reasonably apply to the lot and that a variance from those which it cannot reasonably conform to be granted by the board of adjustment, and that construction is in compliance with other City Ordinances.

(Ord. No. 2007-10, 3-12-07)