The lawful use of any building or structure and of any land or premises as existing and lawful at the time of the enactment of this Zoning Code (Ordinance 195, passed April 4, 1990), or an amendment to this Zoning Code, shall be considered as a lawful nonconforming use as further defined in Section 1290.015.

Any building shall be considered to have been lawfully in use for the purpose for which it was constructed if, on the effective date of this Zoning Code, a building permit has been obtained, or otherwise a substantial start has been made toward construction and is thereafter pursued diligently to completion.

(Ord. 276. Passed 8-26-96.)

(a)

"Class 1" means a use which is nonconforming due to non-use characteristics of the lot or structure, i.e. size of lot, width of lot, setbacks or living area of the structure.

(b)

"Class 2" means a use which is nonconforming due to use characteristics of the structure in relation to the zoning district, e.g. a commercial use located in a residential district.

(Ord. 276. Passed 8-26-96.)

(a)

Class 1 nonconforming uses may extend, enlarge, alter, remodel or modernize, provided that non-use dimensional characteristics that resulted in the nonconforming use are not made more nonconforming as a result of the extension or enlargement.

As an example, a house which is nonconforming as a result of side setbacks that are less than seven feet may add an addition on to the back of the house and may build even with the existing side of the house, but may not extend any more into the side yard than is existing. The rear yard setback may not be violated unless the existing structure had a nonconforming rear yard setback also.

(b)

Class 2 nonconforming uses may only be extended, enlarged, altered, remodeled or modernized, provided that all height, setback and/or parking and loading provisions are complied with, with respect to any such enlargement, alteration or remodeling, and only after receiving approval of the Board of Zoning Appeals, which approval shall be granted only upon a finding of all of the following facts:

(1)

That the enlargement or extension will not substantially extend the probable duration of the Class 2 nonconforming use and that all enlargements since the use became nonconforming do not exceed fifty percent of the area of the original structure;

(2)

That the enlargement or extension will not become a precedent for other Class 2 variations in the area; and

(3)

That the enlargement or extension will not interfere with the use of other properties in the vicinity for uses for which they have been zoned, nor with their use in compliance with all of the provisions of this Zoning Code.

(Ord. 276. Passed 8-26-96.)

(a)

Such repair and maintenance work as is required to keep either a Class 1 or Class 2 nonconforming structure in a sound condition may be made.

(1)

Class 1 nonconforming structures damaged by fire, wind or an act of God, or the public enemy, may be restored or rebuilt along the same setback lines as the original structure, but may not be made more nonconforming than the original structure.

(2)

Class 2 nonconforming structures damaged by fire, wind or an act of God, or the public enemy, may be restored or rebuilt, provided that the cost thereof does not exceed one-half the value of such building or structure after such rebuilding or restoration, such determination to be made by the Planning Director or on appeal to the Board of Zoning Appeals.

(b)

In the event any Class 2 nonconforming structure is damaged by fire, wind or an act of God, or the public enemy, and the cost thereof exceeds one-half the value of such building or structure after such rebuilding or restoration, the same shall be permitted only with the approval of the Board of Zoning Appeals, which approval shall be granted only upon either of the following findings:

(1)

That such rebuilding or restoration will not substantially extend the probable duration of the Class 2 nonconforming use; or

(2)

That circumstances are such that the land previously occupied by the Class 2 nonconforming structure cannot then be advantageously used for a use permitted in the zoning district.

(Ord. 276. Passed 8-26-96.)

(a)

A Class 1 nonconforming use shall be exempt from any penalty for discontinued use of the structure on the property.

(b)

A Class 2 nonconforming use which has been discontinued for a period of one year shall loose the status of nonconforming use and any subsequent use shall conform in all respects to the uses permitted in the zoning district in which the structure is located.

(Ord. 276. Passed 8-26-96.)