A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the use regulations of the district in which it is located. The term "structure" as used in this chapter applies to all signs. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their reestablishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction. Eventually, certain classes of nonconforming uses are to be eliminated.

A nonconforming structure is a structure which was lawfully erected prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the standards prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this title and by prohibiting their restoration after destruction.

(Ord. 785 § 3(b) (part), 1994)

A use lawfully occupying a structure or a site on the effective date of the ordinance codified in this title, or of amendments thereto, which does not conform with the use regulations for the district in which the use is located, shall be deemed to be a nonconforming use and may be continued except as otherwise provided in this chapter.

A structure lawfully occupying a site on the effective date of the ordinance codified in this title, or of amendments thereto, which does not conform with the standards prescribed in the regulations for the district in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this chapter.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure.

(Ord. 785 § 3(b) (part), 1994)

No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use, except a residential use in a commercial zone may be moved, altered or enlarged without need for a conditional use permit.

No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on the effective date of the ordinance codified in this title or of the amendment thereto which caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

(Ord. 785 § 3(b) (part), 1994)

No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard or height of structures prescribed in the regulations for the district in which the structure is located.

(Ord. 785 § 3(b) (part), 1994)

A nonconforming use of a structure or site shall not be changed to another nonconforming use.

(Ord. 785 § 3(b) (part), 1994)

Whenever a nonconforming use has been abandoned or discontinued for a continuous period of ninety days, or if a structure is not occupied by a nonconforming use for a continuous period of ninety days, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

(Ord. 785 § 3(b) (part), 1994)

(a)

(1)

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, floor area ratio, front yard, side yards, rear yard or height of structures prescribed in the regulations for the district in which the structure is located, is destroyed by fire or other calamity, or by act of God or by the public enemy, to the extent of fifty percent or less, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within one year of destruction and diligently pursued to completion, unless otherwise extended by the planning commission.

(2)

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, floor area ratio, front yard, side yards, rear yard, height of structure or sign area prescribed in the regulations for the district in which it is located, is destroyed by fire or other calamity, or by act of God or by the public enemy, to a greater extent than fifty percent, the structure shall not be restored except in full conformity with the regulations of the district in which it is located, and the nonconforming use shall not be resumed.

(b)

Whenever a structure, the use of which does not conform with the regulations of the district in which it is located, or a structure which does not comply with the standards of coverage, floor area ratio, required yard setbacks, height of structures or sign area prescribed in the regulations for the district in which the structure is located, is voluntarily demolished to any extent or is required by law to be demolished to any extent, the demolished structure or portion thereof shall not be restored, except in full conformity with the regulations for the district in which it is located.

(c)

The extent of damage or partial destruction shall be based upon the ratio of the value of the damaged or partially destroyed portion of the structure as compared to the value of the entire structure as it existed immediately prior to destruction, as determined by the method of valuation found in the town's adopted construction codes or by the ratio of the floor area of the damaged or partially destroyed structure compared to the floor area of the entire structure as it existed prior thereto. Whichever ratio results in a calculation of a higher percentage of damage shall be applied. Estimates for this purpose shall be made by, or shall be reviewed and approved by, the planning director.

(Ord. 785 § 3(b) (part), 1994)

(a)

The following nonconforming uses shall be discontinued and removed from their sites within five years from the effective date of the ordinance codified in this title:

(1)

A nonconforming use which does not occupy a structure;

(2)

A nonconforming use occupying a structure having a fair market value of less than two thousand dollars;

(3)

A nonconforming loudspeaker system, exterior light fixture or outdoor advertising structure.

(b)

The following nonconforming uses shall be discontinued and removed from their sites within one year from the effective date of the ordinance codified in this subsection unless they receive a conditional use permit within the one-year period:

(1)

Commercial amusement devices (three or more);

(2)

Uses in the C-1 (local commercial) zone open for business between eleven p.m. and six a.m., except live entertainment uses.

(c)

The nonconforming uses prohibited by Section 18.20.100 shall be discontinued and the prohibited vehicles removed from their sites on or before ninety days from the effective date of the ordinance codified in this subsection.

(Ord. 857 § 5, 2000; Ord. 785 § 3(b) (part), 1994)

A structure having a fair market value of less than two thousand dollars which does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures or sign area, prescribed in the regulations for the district in which the structure is located, shall be removed from its site within three years from the effective date of the ordinance codified in this title, except that, if the structure is altered to comply with the required standards, this provision shall not apply. Removal of any nonconforming sign may be required only prior to installation of any new sign identifying the same use or prior to issuance of a building permit or permits for additions on the same site totalling two thousand five hundred square feet or more of gross floor area.

(Ord. 785 § 3(b) (part), 1994)

Whenever a use or a structure becomes nonconforming because of a change of zoning district boundaries or a change of the regulations prescribed for the district in which the site is located, the period of time prescribed in this chapter for the elimination of the use or the removal of the structure shall be computed from the effective date of the change of district boundaries or regulations.

(Ord. 785 § 3(b) (part), 1994)

A lot having any dimension which is less than the minimum prescribed for the district in which it is located, which is shown on a duly approved and recorded subdivision map, or for which a certificate of compliance has been filed, and which had a legal area, width and frontage at the time that the subdivision map was recorded, or the lot was otherwise legally created, may be used for a permitted use, but shall be subject to all other regulations for the district in which the site is located.

(Ord. 785 § 3(b) (part), 1994)