A. Nonconforming Use Defined: As used in this title, a "nonconforming use" is the use of any building, structure or land which is prohibited by any zoning, building or other regulatory ordinances, but which was lawfully existing prior to the effective date of such ordinance. Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of these provisions shall be exempted from the provisions of this title. This shall not be construed to allow new residential construction except as provided by the provisions of the respective zones.
B. Nonconforming Use Of Open Land: A nonconforming use of land lawfully existing on the effective date of this title may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations or enlargements thereto shall be made thereon, except those required by law. If said nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such land shall conform to the provisions of the zone in which it is located.
C. Nonconforming Buildings:
1. A nonconforming building in any zone may be continued for the period prescribed in this section, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as allowed by a conditional use permit.
a. Granting the expansion will not adversely impact the attainment of the general plan.
b. The expansion will improve the general appearance or safety of the area.
c. By expanding the building, the character of the neighborhood is not adversely impacted.
d. The expansion will improve the area by providing additional or adequate parking.
e. Any expansion will be adequately screened or buffered, if needed, so as not to increase impacts to the adjoining properties.
2. Notwithstanding subsection B of this section, an existing single- family dwelling, nonconforming as to side yard requirements but having a minimum side yard of not less than three feet (3'), may be extended in depth along the nonconforming building line to a maximum of one-half (1/2) the length of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling or required parking, and provided such enlargement does not increase any other nonconformity which may exist and conforms to all other regulations of the zone in which it is located.
3. If a nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this title.
D. Nonconforming Use Of Conforming Buildings:
1. The nonconforming use of any conforming building lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building, nor shall any structural alterations except those required by law be made, and if such nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such building shall conform to the provisions of the zone in which it is located.
2. A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner if the expansion involves any structural alteration of the building. Subject to the provisions of this title, the use of a building or structure may be expanded if the following standards are met:
a. The expansion of the use will not adversely impact the surrounding properties.
b. The proposed expansion is compatible with the surroundings.
c. The site of the proposed expansion conforms to all site development requirements as physically possible, given existing site limitations.
d. The proposed expansion shall not create new nonconformity.
e. No expansion of a nonconforming use shall be allowed which would extend beyond the original lot or tract of land.
E. Nonconforming Use Of Nonconforming Buildings: The nonconforming use of a nonconforming building lawfully existing on the effective date of this title may be continued for the period prescribed in this section, and may be expanded or extended throughout such building, provided no structural alterations except those required by law are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification. If such nonconforming use is discontinued for a continuous period of more than one year, any future use of the building shall conform to the provisions of this title and of the zone in which it is located.
F. Change In Status Of Nonconforming Use: If a nonconforming use is vacated, it may be succeeded by an equally restrictive or more restrictive nonconforming use, provided such change is effected within six (6) months. After a change to a more restrictive use is in effect, that change shall be evidence that the less restrictive nonconforming use has been abandoned and thereupon loses any vested right as such, and the degree of nonconformity may not subsequently be increased by changing back to a less restrictive use.
G. Reconstruction Of Nonconforming Building Partially Destroyed: A nonconforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion or other casualty or act of God or public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all of the provisions of this title.
H. Nonconformance Limited To Zone Groups: Notwithstanding any other provisions of this title, no uses permitted in any one of the residential or agricultural zones and lawfully existing in any one of the residential or agricultural zones at the time of the effective date of this title shall be considered nonconforming in the zone in which it is located; no uses permitted in any one of the business zones at the time of the effective date of this title shall be considered nonconforming in the zone in which it is located. This section shall be applicable only to nonconforming uses. (Ord., 1-18-2005; amd. 2007 Code; Ord. 20-02, 3-17-2020)