(1) Purpose. It is the purpose of this section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity.
(2) Provisions.
(a) 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 nonconformity 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 market value, 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 building permit in order to mitigate any newly created impact on adjacent property.
(b) Nonconforming principal structures shall not be expanded, enlarged or altered in a way which increases their nonconformity, but may be expanded, enlarged or altered, if the expansion, enlargement or alteration fully conforms to existing dimension requirements of the zoning and other city ordinances and regulations. Nonconforming accessory structures which are totally within a required yard setback area shall not be enlarged or expanded in any way. Notwithstanding, a nonconforming structure may be reconfigured if, in the discretion of the city, such reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety and welfare.
(c) All districts exception. Where a pre-existing principal or accessory structure, including expansion thereof, for which a lot line setback dimension has been made substandard by eminent domain or other formal public agency action, such structure shall be considered a legally conforming structure. All future additions to the structure or use shall meet the current required setback from the revised property or easement line.
(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 nonconformities 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 adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by this chapter.
(e) A nonconforming use may be changed to lessen the nonconformity of that use. Thereafter the use may not be so altered as to increase the nonconformity.
(f) Notwithstanding division (a) above, the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas in compliance with Chapter 1103 of this title.
(g) Notwithstanding division (a), a nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements in compliance with Chapter 1102 of this title.