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04 14-00 FRI 12:26 FAX ©007' April 14,2000 Page 6 provisions. The applicant must demonstrate compliance with tliis section. The State law adopted in 1999 related to amortization only applies if tlie amortization took place after 1999, which is not the present case.) ^ H. Normal maintenance of a building or otlicr structure containing or related to a law-ful non-confomiing use is permitted, including necessary non-stxuctural repairs and incidental alternations wiiich do not extend or intensify tlie non-conforming use. (We believe that die addition of electricity, night light, flag pole and gravel parking violated tliis provision. Each has illegally intensified the non conforming use. Similarly, wc believe the second dock was an illegal intensification.) Subdivision 6. Lot of Record. C. The separation by the transfer or sale of non-conforming, undeveloped lota not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or coiiunon ownership is not permitted without Council appro\ al. Council approval is not required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Source: City Code Effective Date: 4-1-84 (We believe the applicant must show that at no time since 1984 has this substandard lot been owned by any one who owned the adjacent lot. Most likely, a similar code provision existed in 1968. If so, the applicant must show' that at no time after January 1, 1968 has this lot been owned by any one who owned the adjacent lot.) ni. Tests for Approval of Conditional Use Permit. Even if the applicants can prove that they meet all of the above legal tests, which wc doubt for the reasons stated herein and in the separate memo to you, we believe tliat for the same reasons that the applicants cati not prove that they meet the standards for the issuance of a 373t7BDM