Except as set forth in division (G) below, any structure or use existing on the effective date of the adoption of this chapter may be continued subject to the following provisions.
(A) No use or structure shall be expanded or enlarged except in conformity with the provisions of this chapter.
(B) A non-conforming use of a structure which has been discontinued for a period of 12 months or more as determined by the Zoning Administrator shall not be continued or reestablished, and any further use shall be in conformity with the provisions of this chapter.
(C) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(1) The non-conformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.
(D) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, permit an expansion or impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the city from enforcing an ordinance that applies to adult-only bookstores, adult-only theaters, or similar adult-only businesses, as defined by ordinance.
(E) Lawful nonconforming single-family residential units may be expanded or altered to improve nonconformance, but will not be increased, and the expansion or alteration does not change the unit occupancy capacity or parking demand.
(F) Lawful nonconforming single-family residential uses may be expanded by conditional use provided the expansion is conforming to the performance standards in the zoning district.
(G) Notwithstanding divisions (A) through (F), the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
(Ord. 583, passed 8-26-2019)