A. Legal Nonconforming Uses. The provisions of this chapter apply to legal nonconforming uses in districts hereafter changed or established and any time limit for the suspension of a nonconforming use of land shall date from May 19, 1971, or any amendment of district boundaries which first creates a nonconforming use or uses.
B. Exemption: Legal Building Site and Time Limitation. A nonconforming parcel that does not comply with the applicable area or width requirements of this Zoning Code shall be considered a legal building site if it meets at least one (1) of the following criteria, as documented to the satisfaction of the Community Development Director through evidence furnished by the applicant. On nonconforming parcels where the below criteria is not met, the nonconforming use of land (where no main building is involved) existing at the time this title becomes effective shall be discontinued within one (1) year from the effective date of this title or within one (1) year from any amendments to this title that cause a land use to be nonconforming.
1. Approved subdivision. The parcel was created by a recorded subdivision.
2. Individual parcel legally created by deed. The parcel is under one (1) ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming.
3. Variance or lot line adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment.
4. Partial government acquisition. The parcel was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent (20%) and the yard facing a public right-of-way was decreased not more than fifty percent (50%).
C. Exemption: Public Utilities. The provisions of this chapter shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment, and facilities where there is no change of use or increase in area of property so used.
D. Nonexempt: Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel; existence of a legal nonconforming use or parcel shall not be interpreted to allow the increase of the nonconformity of such parcel or any nonconforming use on the parcel. (Ord. 2010-02 § 1 (part), 2010)