This chapter permits nonconforming uses to continue until they are removed, but does not encourage them to be perpetuated. It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (Ord. 241 §6-1, 1983)

Nonconforming uses are hereby declared incompatible with permitted uses in the districts in which such uses are located. A nonconforming use shall not be extended or enlarged after enactment of this title, by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located. Provided, however, that to avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been carried on diligently. (Ord. 241 §6-2, 1983)

In any district in which single household dwellings are permitted, a single household dwelling and customary accessory structures may be erected on any single lot of record if the lot is, at the effective date of this title, in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or minimum lot width or both, that are generally applicable in the district; provided, that the yard dimensions and requirements other than those applying to area or minimum lot width, or both, of the lot shall conform to the regulations for the district in which such lot is located. (Ord. 241 §6-3, 1983)

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of this title, and if all or part of the lots with no buildings do not meet the requirements established for minimum lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title and no portion of said parcel shall be used or sold in a manner which diminishes compliance with minimum lot width and area requirements established herein, nor shall any division of any parcel be made which creates a lot with a minimum width or area below the requirements stated in this title. (Ord. 241 §6-4, 1983)

If a lawful use involving land, individual structures or if a structure and land in combination, exist at the effective date of adoption or amendment of this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a nonconforming use shall be enlarged or structurally altered, nor any new structure erected with the result of expanding the use not permitted; but such alteration may be made for the purpose of converting to a use permitted in the district in which it is located.

   B.   No nonconforming use shall be extended to occupy any additional land area.

   C.   If no structural alterations are made, any nonconforming use of a structure, or structure and land, may, upon the issuance of a conditional use permit, be changed to another nonconforming use; provided, that the land use and development commission shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the land use and development commission may require appropriate conditions and safeguards in accordance with other provisions of this title.

   D.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

   E.   When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

   F.   A nonconforming use of land shall be made to conform to the provisions of this title within a period of two (2) years after effective date of this title. (Ord. 728, 2013)

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official. (Ord. 241 §6-6, 1983)

Any use which is permitted as a conditional use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use. (Ord. 241 §6-7, 1983)

Wherever the keeping of livestock has been lawfully conducted under prior ordinances, and constitutes a nonconforming use, such livestock may be bred, replaced and sold or traded so long as the number and type of livestock allowed under said prior ordinance comply with the provisions of sections 9.20.070 through 9.20.090, inclusive, of this code. (Ord. 241 §6-8, 1983)

No "commercial kennel" or "hobby kennel", as defined herein, which constitutes a nonconforming use under the terms and provisions of this chapter, shall be operated or maintained in violation of the terms and provisions of this chapter, or within any district in which the same is not permitted, after December 31, 1983. (Ord. 241 §6-9, 1983)