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2. The zoning ordinance may prohibit them from expanding, intensifying, • <br />or being rebuilt. These kinds of restrictions increase the likelihood that <br />the non-conforming uses will be eliminated over time.29 <br />3. A city may grant a variance to these kind of restrictions to allow <br />expansion; this does not constitute a variance to allow a use not <br />otherwise permitted under the ordinance.ao <br />4. Construction of a building to house operations which were formerly <br />outside is an unlawful expansion.31 <br />5. The zoning ordinance can also require that anon-conforming use <br />status is lost if it has ceased operation for one year. The city does <br />not have to prove that the owner actually abandoned the use. The <br />property owner may show, however, that it did not intend to abandon <br />the property or that the cessation was beyond its control.s2 <br />6. New requirements, such as setbacks, cannot be applied to non- <br />conforming uses.ss <br />7. Non-conforming uses may be phased out over a period of time which <br />recognizes the useful life of the operation and the extra value from <br />being a monopoly. This is called amortization.34 It has principally • <br />been used to require the removal of non-conforming billboards, <br />although such removal of billboards without compensation has been <br />prohibited by state law.ss <br />D. Rezonings. <br />1. The city has the authority to grant changes in the land-use designation <br />of a property. These changes generally occur when either the <br />landowner requests a rezoning or the city chooses on its own to <br />change the zoning. <br />2. Rezoning is a legislative function which requires the establishment of <br />policy. Therefore, courts will give greater deference to the city's <br />decision. As long as the council's action was reasonable, with a <br />rational basis, the action will be upheld.36 The burden is on the <br />challenger to show that the council's action was not reasonable or <br />that it constituted a "taking" of the property.37 <br />3. The original zoning is presumed to be correct and relatively <br />permanent. A rezoning must be justified by a mistake in the original <br />C <br />6 <br />