Except with regard to the occupancy, any single-family use, structure for a single-family use, including any accessory structures, and any lot on which a single-family use is located, that was established lawfully prior to the establishment of the currently applicable development regulations and, due to a change in the regulations, is no longer in conformance with the provisions of this title, will generally be treated as conforming for as long as the dwelling is used for a single-family use. Accordingly, the following rights are granted under this article:
A. A nonconforming single-family use may be reestablished and its structure reconstructed if the structure for the nonconforming single-family use is destroyed or damaged by fire, explosion, act of God or by a public enemy.
B. A nonconforming single-family use may also be expanded, repaired and structurally altered, provided such expansion or alteration does not increase or extend any other nonconforming situation on the property. However, if a nonconforming single- family use is changed in order to increase the occupancy beyond that of a family or group household, the property must be brought into full compliance with the number of required off street parking spaces.
C. A nonconforming structure that contains a single-family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God or by a public enemy. Such a structure may also be repaired or structurally altered, provided such construction does not increase or extend the degree of nonconformity and does not increase or extend any other nonconforming situation on the property.
D. A nonconforming accessory structure to a single-family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God or by a public enemy. Such a structure may also be repaired and structurally altered, provided such construction does not increase or extend the degree of nonconformity and does not increase or extend any other nonconforming situation on the property.
E. A nonconforming lot that contains a single-family use is granted the same rights as listed in subsections A, B and C of this section, and will be treated as if the lot were conforming. (Ord. 05-4186, 12-15-2005)