Subject to the provisions of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be altered, expanded, or extended.

Nothing contained in this UDC shall require any change in the plans, construction, alteration, or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of this UDC.

A nonconforming structure may be altered or extended provided that the nonconforming element is not increased and the alteration or extension is otherwise in conformity with this UDC.

A.

A nonconforming use shall not be expanded, enlarged, increased, or extended to occupy a greater area of land than occupied on the date of the creation of the nonconformity.

B.

A nonconforming use shall not be changed or altered to another nonconforming use.

C.

A nonconforming use shall not resume, or be restored or reestablished after a discontinuance pursuant to Section 17.11.040, with the exception of single family dwelling as permitted in Section 17.11.060(B).

D.

A nonconforming use shall not be moved in whole or in part to any other portion of the subject lot or parcel occupied by such use.

A.

If a nonconforming use involving a structure is discontinued from use for a period of one (1) year, further use of the property shall conform with this UDC.

B.

If a nonconforming use not involving a structure is discontinued for a period of six (6) months, further use of the property shall conform with this UDC.

C.

If a nonconforming residential use in the I District is discontinued for a period one (1) year or more, the use may only be allowed to be reinstated upon approval of a special review use permit in accordance with Section 17.10.040.

If a nonconforming use is changed or terminated, the use of the property shall conform to this UDC. The nonconforming use or any other nonconforming use shall not be recommenced on the property.

A.

General rule. Except as otherwise provided in this Chapter, if a nonconforming structure is damaged or destroyed by any means to an extent exceeding fifty (50) percent of the fair market value of the structure, using new materials, the repaired, restored, or replacement structure on the property shall conform to the provisions of this UDC. If destruction is determined to be less than fifty (50) percent of the replacement cost of the structure, using new materials, restoration of the structure and continuation of the nonconforming use shall be permitted; provided that a building permit must be obtained within twelve (12) months of the event causing the loss, and reconstruction completed within twenty-four (24) months.

B.

Exception to general rule for single-family dwellings. In any district, and notwithstanding the limitations set forth in Subsection A of this section, a nonconforming single-family dwelling that is situated on a single lot of record as of January 1, 2006, that is damaged or destroyed by any means, may be reconstructed, and its use as a single-family dwelling continued, without regard to the extent of damage or destruction; provided that:

1.

The lot coverage of the reconstructed single-family dwelling does not exceed the lot coverage of the single-family dwelling immediately prior to the event that caused the damage or destruction,

2.

Reconstruction of the single-family dwelling does not increase the degree of nonconformance of setbacks and other requirements of the district,

3.

A building permit for the reconstruction of such damaged or destroyed single-family dwelling is issued within twelve (12) months of the loss,

4.

Reconstruction of such single-family dwelling is completed within twenty-four (24) months of the loss, and

5.

Repairs, restoration, reconstruction and new construction permitted under this subsection is accomplished in conformity with the requirements of applicable building, housing and fire codes.

C.

Re-build letters. In accordance with Section 17.10.020(H), the Zoning Administrator may issue "re-build letters" with respect to transactions involving nonconforming single-family dwellings that will qualify for reconstruction pursuant to the provisions and limitations of Subsection B of this section.

Whenever the boundaries of a district are changed so as to transfer an area from one district to another district or a different classification, Sections 17.11.010 through 17.11.100 shall also apply to any nonconforming structures or uses existing therein.

A.

A nonconforming lot of record, as of January 1, 2006, may be developed provided that the proposed development complies with this UDC except for lot area and/or lot width standards.

B.

Additional exceptions pertaining to lot area only. In circumstances where a legally-created lot that was of record on January 1, 2006 is too small to satisfy the minimum lot area requirement for a residential structure devoted to a permitted use in the district where the lot is located, such lot may nevertheless be used for the establishment or re-establishment of such residential structure; provided that the structure is established or re-established in accordance with all dimensional requirements, other than the minimum lot area requirement pertaining to such structure, and also in accordance with the provisions of paragraph 1, 2 or 3 of this subsection, whichever is applicable.

1.

If the residential structure to be established or re-established is a single-family dwelling, the lot area must not be less than three-thousand five-hundred (3,500) square feet, or

2.

If the residential structure to be established or re-established is a two-family dwelling, the lot area must be not less than five thousand (5,000) square feet, or

3.

If the residential structure to be established or re-established is a three (3) to six (6) unit multifamily dwelling, the minimum lot area must be equal to or greater than the product resulting from multiplying the number of dwelling units in such residential structure times one-thousand two-hundred (1,200) square feet.

A.

Mobile home parks in the MH-1 District. Any mobile home located within a mobile home park in the MH-1 District which is nonconforming as to setbacks may be replaced with another mobile home, subject to the provisions of Section 17.05.020(D) of this UDC, provided that applicable setbacks as shown in Section 17.03.010(A) of this UDC are met.

B.

Mobile home parks in other than the MH-1 District. Any mobile home located within a mobile home park in any district other than MH-1 may be replaced with another mobile home, subject to the provisions of Section 17.05.020(D) of this UDC, provided that the replacement mobile home does not exceed the length or width of the mobile home being replaced.