This provides for the orderly termination of nonconforming uses and structures and a means to bring these uses and structures into conformity with the goals and policies of the General Plan. any nonconforming use or structure within the Town is detrimental to the orderly development of the Town and to the general welfare. the purpose of this Chapter therefore is to promote the public health, safety and welfare. nonconforming uses and structures shall be eliminated or brought into conformance as rapidly as possible without infringing upon the constitutional rights of property owners.

A legal nonconforming use is one which lawfully existed prior to the effective date of this Development Code, but which is no longer permitted in the land use district in which it is located. The continuance of a legal nonconforming use is subject to the following:

A.

Change of Ownership, Tenancy or Management. Change of ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change.

B.

Discontinuance/Resumption Prohibited. If a nonconforming use is discontinued for a period of 180 consecutive days or longer, it shall lose its legal nonconforming status, and the continued use of the property shall require to compliance with the provisions of this Development Code.

C.

Change of Use. If a nonconforming use is changed to a conforming use all applicable permits and inspections. must be obtained. A nonconforming use may not be replaced by another nonconforming use.

D.

Expansion or Intensification of Use Prohibited. A nonconforming use may not be. intensified, enlarged or extended in such a way as to occupy any part of the structure or site or any other structure or site which it did not occupy at the time it became a nonconforming use, except as otherwise provided for in Section 9.07.030, Continuance of Legal Nonconforming Structures, of this Code.

E.

Additional Development. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of this Development Code.

A legal nonconforming structure may continue even though the structure fails to conform to the present requirements of the land use district in which it is located. A legal nonconforming structure may be maintained as follows:

A.

Repairs or Alterations. Repairs, or interior alterations that do not enlarge or increase the height of a nonconforming building may be made.

B.

Additions, Enlargements or Alterations. Nonconforming buildings or structures shall not be added to enlarged or altered on the exterior in any manner unless such building and its additions and enlargements are made to conform in every respect with all of the provisions of this Development Code; unless the Planning Commission permits exterior alterations, enlargement or additions only for the following reasons and under the following conditions:

1.

That in the opinion of the Planning Commission, such modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through alignment, architecture or closer conformity to surrounding permitted buildings in the immediate neighborhood;

2.

That said modification or addition shall not increase the number of stories or that floor area shall not be increased by more than ten (10) percent;

3.

That plans and specifications covering the proposed construction, alteration or addition have been submitted to the Planning Commission for review and approval of a Conditional Use Permit as required under Chapter 9.16 "Conditional and special Use Permits". The general design, and appearance of such construction shall be compatible with the existing structure or the existing structure shall be made compatible with the new construction. Any work represented thereby shall be done in accordance with the approved plans and specifications.

C.

Nonconformance Due to Setback Requirements. Legal nonconforming buildings which are nonconforming because one or more sides of the building extend into a the required setback required by this Development Code may be altered or enlarged, provided said alterations or enlargements do not increase the building volume within the required setbacks where the nonconformity exist, and provided all other provisions of this Development Code are complied with.

D.

Repair of Damaged or Partially Destroyed Structures

1.

A legal nonconforming structure(s) containing a nonconforming use which is damaged or partially destroyed by fire, natural disaster or any other calamity to the extent that the cost of restoration does not exceed seventy-five (75) percent of the assessed value of the entire structure based on the assessment roll current immediately prior to the time of damage or destruction, may be restored and the nonconforming use resumed. Notwithstanding subsection 9.07.020.B, Discontinuance/Resumption Prohibited, of this Code, Restoration shall be started within one (1) year and shall be diligently pursued to completion.

2.

When the cost of repair or reconstruction exceeds seventy-five (75) percent of said evaluation, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located and the nonconforming use shall not be resumed, except as permitted within this Chapter.

3.

Exception. Legal nonconforming single-family homes located in the R-M or M-U zones or legal nonconforming multi-family projects consisting of no more than four (4) units located within the R-SF zone damaged or destroyed by fire or other calamity may be repaired as needed, and if replaced, shall meet the requirements of subsection 13b "Minimum dwelling unit size" of Table 9.28.040-A "Site Development Standards".

(Ord. No. 524, § 3, 1-14-2020)