(A) Intent.
(1) It is the intent of this chapter to permit nonconforming lots, structures, and/or uses to continue until they are removed, but not to encourage their survival.
(2) It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, extended, or be used as grounds for adding structures or uses prohibited elsewhere in the same district.
(B) Nonconforming lots of record.
(1) In any district in which single-family dwellings are permitted, a single-family dwelling and permitted accessory uses, including manufactured and certified mobile homes as permitted in §§ 17.04.600 through 17.04.680, may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(2) (a) This provision shall apply even though such lot fails to meet the requirements for area and width or both that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width or both of the lot shall conform to the regulations for the district in which such lot is located.
(b) Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(C) Nonconforming uses of land and structures.
(1) Where, at the time of passage of this chapter, the lawful use of a building or premises exists which would not be permitted by the regulations imposed by this chapter; and
(2) The use may be continued so long as it remains otherwise legal with the following limitations.
(a) A nonconforming use shall not be extended, enlarged, or moved to occupy any portion of land or structure except in conformity with this chapter.
(b) A nonconforming use shall not be reestablished after discontinuation for a period of six months. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.
(c) 1. A nonconforming structure damaged to an extent greater than 50% of the current replacement value may be repaired and restored only to a structure and use conforming to the provisions of this chapter; provided, however, that a nonconforming residential structure may be rebuilt in the same general yard area if such damage is due to fire or natural causes and if rebuilt within six months of the date of damage.
3. Restoring to a safe condition of any structure declared to be unsafe by any public official shall not be prohibited by this regulation.
(d) All nonconforming uses shall be changed only to a conforming use; provided, however, that dimensional variances may be granted.
(e) 1. An owner claiming a continuing nonconforming use shall bear the burden of showing that said use was in existence as of the effective date of this chapter and has not been discontinued for a period of one year since said effective date.
2. An owner may register a continuing nonconforming use with the Administrative/Enforcement Officer within 12 months of the adoption of this chapter to establish that said use was in existence as of the effective date of this chapter.
(D) Nonconforming structures.
(1) Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may continue so long as it remains otherwise lawful.
(2) Any proposed addition or substantial remodeling of a nonconforming structure may be granted after public hearing as a dimensional variance by the Board of Adjustment. The Board must first determine that the proposed addition or substantial remodeling will not facilitate or expand a nonconforming use before such variance can be granted.
(E) Ordinary repair and maintenance.
(1) Work may be done on ordinary repair and maintenance, or on repair or replacement of non-load-bearing walls, fixtures, wiring, or plumbing.
(2) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition a building or other structure in accordance with the order of an appropriate public agency which declares such building or other structure to be unsafe and its restoration to a safe condition.
(Ord. 2004-03, passed - -; Ord. 1998-15, passed 10-13-1998; Ord. 2004-04, passed 8-3-2004; Ord. 2004-06, passed 11-19-2004; Ord. passed 5- -2005)