(A) Generally. This chapter establishes separate and distinct districts, each of which is appropriate for certain specified uses and conditions. It is the purpose of this section to provide for the regulation of existing structures, uses, and lots that do not conform to the requirements of the district in which they are located and to specify the requirements, circumstances, and conditions under which the nonconforming structure, use, or lot may be continued. In furtherance of the goals and purpose of this chapter, it is also the intent of this section that all nonconforming uses shall eventually be eliminated or made to comply with the provisions of this chapter.
(B) Definition. IMPROVEMENT means making the non-conforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what pre-existed, but does not include expansion, enlargement, or intensification.
(C) Any structure or use, including mobile homes, lawfully existing upon the effective date of this chapter shall not be expanded, enlarged, or intensified, but may be continued at the size and in a manner of operation existing upon the date, including through repair, replacement, restoration, maintenance or improvement, except as hereinafter specified or subsequently amended.
(D) Nothing in this chapter shall prevent the placing of a permanent structure or part thereof in a safe condition when the structure or part thereof is declared to be unsafe by the city provided the necessary repairs shall not constitute more than 50% of the fair market value of the structure. The value shall be determined by the County Assessor.
(E) When any lawful nonconforming use, structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(F) Whenever a lawful nonconforming building, structure, or use shall have been damaged by fire or other peril to the extent of greater than 50% of its fair market value, the value as determined by the County Assessor, excluding land value, the right to continue or replace any nonconforming use is terminated, except if a valid and complete building permit application has been submitted to the city within 180 days after the property was damaged in which case the replacement shall be for a use in accordance with the provisions of this chapter.
(G) Whenever a lawful nonconforming use of a building or structure or land is discontinued for a period of 12 months, any future use of the building or structure or land shall be in conformity with the provisions of this chapter.
(H) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not expand, enlarge, increase, extend or intensify the nonconforming use.
(I) A lawful nonconforming use may be changed only to a use of the same or more restricted classification, and not to another nonconforming use.
(J) A lot or parcel of land that is nonconforming and that is not improved with a principal use is not entitled to be developed with a principal use if it has been in common ownership with adjacent land, including land that is across a street, or if it has been part of a larger parcel of land, at any time after adoption of the standard that causes the lot to be nonconforming.
(Prior Code, § 601.05) (Am. Ord. 2013-03, passed 2-11-2013)
Penalty, see § 10.99