9.3.4. Single-Family Residential Nonconforming Uses.

   A structure used for a single-family residence and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as new nonconformities or an increase in the extent of existing nonconformities, such as parking requirements,  are not created.

9.3.5. Continuation of Accessory Use.

   No use that is accessory to a principal nonconforming use shall continue after such principal use has discontinued, ceased, been abandoned, or terminated unless it conforms to all provisions of this UDO.

9.3.6. Discontinuance and Abandonment.

   A.   A nonconforming use shall be presumed to be discontinued and abandoned, shall lose its nonconforming status, and shall not be reestablished or resumed and thereafter be used only for conforming purposes, when any of the following has occurred:

      1.   The owner has indicated intent to abandon the use , delivered in writing to the Planning Director .

      2.   When a nonconforming use is abandoned or discontinued for a consecutive 180-day period or for a total of (180) calendar days in a 12-month period.

      3.   At the point when the electric meter is pulled off or water service or other public utility service is terminated on a structure or lot due to any reason, provided that it is not replaced or reactivated within the 180-day period immediately following.

   B.   When a use or use of land made nonconforming by adoption of this UDO is vacant or discontinued at the effective date of this UDO, the 180-day period begins to run at that date.

   C.   All of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole in determining whether a right to continue a nonconforming situation is lost pursuant to this section. However, if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

   Commentary: For example, the failure to rent one apartment in a nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as whole is continuously maintained.

(Ord., 3-16-21)

9.4. NONCONFORMING STRUCTURES.

9.4.1. Normal Maintenance and Repair.

   Normal maintenance or repair of nonconforming structures may be performed in any consecutive twelve-month period, to an extent not exceeding 33% of the current assessed value of the structure. Such maintenance and repair shall not be allowed to increase the usable space of the structure, except pursuant to this section.

9.4.2. Alteration or Additions.

   Alterations or additions to a nonconforming building or structure may be permitted as long as the alterations or additions do not increase the nonconformity of the structure related to the building setback line, height limitations, yard or other provisions regulating the size and placement of buildings and structures for the district in which the nonconforming structure is located. For full description of standards for alterations or additions, see Figure 9.7-A: Required Site Element Upfits.

9.4.3. Reconstruction.

   A.   Nonresidential Structures.

      1.   If a nonresidential building or structure, including any accessory structures, is damaged by reason of fire, flood , explosion, earthquake, or other extraordinary circumstance, may be repaired, reconstructed, and used as before if the damage does not exceed 50 percent of its replacement value as determined by the Building Official, and if the repairs and reconstruction are done within 12 months from the time such damage occurred. Notwithstanding the foregoing, no illegal use shall be re-established.

      2.   If a nonresidential building or structure, including any accessory structures, is damaged and if such damage is greater than 50 percent of its replacement value as determined by the Building Official, such building or structure may only be reconstructed to conform with the standards in the district in which it is situated.

   B.   Residential Structures.

      1.   If a residential building or structure, including any accessory structures, is damaged by reason of fire, flood , explosion, earthquake, or other extraordinary circumstance, it may be repaired, reconstructed, and used as before if the damage does not exceed fifty (50) percent of its replacement value as determined by the Building Official, and if the repairs and reconstruction are done within twelve (12) months from the time such damage occurred.

      2.   If a residential building or structure (including any accessory structure) is damaged greater than fifty (50) percent of its replacement value as determined by the Building Official, such building or structure may be repaired, reconstructed, and used as before if the repairs and reconstruction are done within twelve (12) months from the time such damage occurred. Notwithstanding the foregoing, no illegal use shall be re-established.