9-6-060: NONCONFORMING LOTS OR PARCELS:
A.   Continuation: A nonconforming lot or parcel may continue to be occupied and used although it may not conform in every respect with the dimensional requirements of this title, subject to the provisions of this chapter.
B.   New Single-Family Dwelling: A new single-family dwelling may be constructed on a legally established lot or parcel which is nonconforming as to area and/or width, provided:
1.   The lot or parcel was legally nonconforming when the area or width requirements were changed;
2.   The use is for the sole purpose of a single-family residence;
3.   There is only one primary building on the lot or parcel; and
4.   The dwelling shall conform to all other requirements as to frontage, yard setbacks, building heights, street improvements, fire protection, and building codes.
C.   Lot With Building Or Structure: If a nonconforming lot or parcel contains a structure legally established before the effective date of this title, then the owner may continue the then existing use of such structure and may expand the structure in any way that does not increase the degree of nonconformity. An increase in structure size shall not be deemed to increase the degree of nonconformity of the lot or parcel unless the structure increases any encroachment into a required setback. Remodeling of a structure within an existing footprint or expansion in compliance with this section shall not require a variance but shall be reviewed by the zoning administrator as though the lot or parcel were conforming.
D.   Accessory Buildings: Accessory buildings customarily incidental to a dwelling may be constructed on nonconforming lots, provided:
1.   The building shall not exceed one thousand (1,000) square feet in floor area nor exceed fifteen feet (15') in height.
2.   The lot or parcel was nonconforming when such lot became prohibited under the terms of this title.
3.   The use of the nonconforming lot or parcel is primarily residential.
4.   The accessory building and its location on the lot or parcel shall meet all other building and lot requirements as to yard setbacks, fire protection, and building codes. (Ord. 394, 8-7-2001)