(A) Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures, and uses will be operated and maintained.
(B) Regulations.
(1) Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended.
(2) No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel, unless the movement shall bring the nonconformance into compliance with the requirements of this chapter.
(3) If at any time a nonconforming building, structure or use shall be destroyed to the extent of more than 50% of its fair market value, the value to be determined by the County Assessor, then without further action by the Council, the building and the land on which the building was located or maintained shall, from and after the date of the destruction, be subject to all the regulations specified by these zoning regulations for the district in which the land and buildings are located. Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent.
(4) Whenever a lawful nonconforming use of a structure or land is discontinued for a period of 1 year, following written notice from an authorized agent of the city, the use shall become conforming with the provisions of this chapter.
(5) Normal maintenance and repair of a building or other lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
(6) Alterations may be made to a building or other lawful nonconforming residential units as a conditional use when the alterations will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building or increase the nonconformity.
(7) Any proposed structure which will, under this chapter, become nonconforming but for which a zoning permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter. The structure and use shall thereafter be a legally nonconforming structure and use.
(Ord. 333, passed 12-27-2004)