It is the purpose of this chapter to establish limitations on the expansion and extension of nonconforming uses and structures, which adversely affect the development and perpetuation of desirable residential, commercial, and industrial areas with appropriate groupings of compatible and related uses.

(Ord. 541 § 1 (part), 1999)

To avoid undue hardship, nothing in this title shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to adoption of this title and upon which actual building construction has been carried on in a diligent manner. Actual construction shall consist of materials in permanent positions and fastened in a permanent manner, and demolition, elimination and removal of one or more existing structures in connection with such construction; providing that actual construction work shall be diligently carried on until the completion of the structure involved.

(Ord. 541 § 1 (part), 1999)

An authorized use or structure may be erected on a pre-existing legal lot and containing less area than required by the zone district in which it is located; provided, the front, side and rear yard requirements as well as other applicable dimensional standards of this title are met.

(Ord. 541 § 1 (part), 1999)

Any pre-existing lawful use of land exists that is made nonconforming under the terms of this title as enacted may be continued so long as that use remains lawful, subject to the following provisions:

A.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater use than was occupied at the effective date of adoption of this title;

B.

No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title;

C.

If any such nonconforming use ceases for any reason for a period of more than six months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located;

D.

No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located;

E.

If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use, provided that the board of adjustment, by making findings in the specific case, shall find the proposed use is more appropriate to the zone than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this title;

F.

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 zone in which such structure is located and the nonconforming use may not thereafter be resumed.

(Ord. 541 § 1 (part), 1999)

Where a lawful structure exists at the effective date of adoption of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions:

A.

No such structure may be enlarged or altered in a way, which increases its degree of nonconformity. Alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this section.

B.

Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, in the judgment of the building official, it shall not be reconstructed except that in the R-SF zone, residential structures that are nonconforming in regard to yard setbacks but were in conformance at the time of construction may be reconstructed to their original dimensions and location on the lot.

C.

Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

D.

When a nonconforming structure, or structure and premises in combination, is vacated or abandoned for six consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zone in which it is located. Upon request of the owner, the city council may grant an extension of time beyond the six consecutive months.

E.

Residential structures and uses located in any single-family or multiple-family residential zoning district and in existence at the time of adoption of this title shall not be deemed nonconforming in terms of bulk, use, or density provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions and bulk, but may not be changed except as provided in the nonconforming uses section of this chapter. This provision does not apply to nonconforming mobilehomes.

F.

Single-family structures in single- or multiple-family residential zone districts, which have legally non-conforming building setbacks, shall be allowed to expand along the existing building line(s) if the existing distance from the nearest point of the structure to the property line is not reduced.

G.

In wetlands, watercourses and their buffers, existing structures that do not meet the requirements of the adopted sensitive areas ordinance may be remodeled, reconstructed or replaced, provided that:

1.

The new construction does not further intrude into or adversely impact an undeveloped sensitive area or the required buffer;

2.

The new construction does not threaten the public health, safety or welfare; and

3.

The structure otherwise meets the requirements of this chapter.

(Ord. 541 § 1 (part), 1999)

Legally pre-existing mobile and manufactured homes may be replaced. The replacement must be with a HUD-approved manufactured home and must also meet the following standards:

A.

Shall have roofing material that is residential in appearance including, but not limited to, approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roof;

B.

Shall have a minimum roof pitch of three inch rise for each twelve inches of run, or about twenty-five percent;

C.

Shall be installed in accordance with manufacturer's instructions, which shall include design specifications for seismic zone 3, wind load factor of eighty miles per hour and a seventy-five pound snow load;

D.

Shall have exterior siding that is residential in appearance including, but not limited to, clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes or similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels;

E.

Shall have the hitch, axles and wheels removed;

F.

All units shall be double-wide or larger and be set on a standard residential foundation;

G.

Replacement units must be model year 1998 or newer.

(Ord. 541 § 1 (part), 1999)

If any building is devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty-five percent of the current replacement value of the building.

(Ord. 541 § 1 (part), 1999)

A.

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by order of any town official charged with protecting the public safety.

B.

Alterations or expansion of a nonconforming use which are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed.

(Ord. 541 § 1 (part), 1999)

A.

Nothing contained in the off-street parking and loading regulations Ch. 17.56 of this title shall be construed to require a change in any aspect of a structure or facility covered thereunder including, without limitation, parking lot layout, loading space requirements and curb-cuts, for any structure or facility which existed on the date of adoption of this title.

B.

If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment less than one hundred percent, the requirements of the off-street parking and loading regulations Ch. 17.56 of this title shall be complied with for the additional parking area.

C.

If a change of use takes place, or an addition is proposed, which requires and increase in the parking area by an increment greater than one hundred percent, the requirements of the off-street parking and loading regulations Ch. 17.56 of this title shall be complied with for the entire parking area.

(Ord. 541 § 1 (part), 1999)

A.

Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscape improvements for any legal landscape area which existed on the date of adoption of this title, unless and until a change of use or alteration of the structure is proposed.

B.

At such time as a change is proposed for a use; or structure, and associated premises which does not comply with the landscape requirements of this title shall be submitted to the board of architectural review for approval prior to issuance of a building permit. The BAR may modify the standards imposed by this title when, in their judgment, the existing and proposed additional landscaping and screening materials together will adequately screen or buffer possible use incompatibilities, soften the barren appearance of parking or storage areas, and/or adequately enhance the premises appropriate to the use district and location of the site.

(Ord. 541 § 1 (part), 1999)

A legal use does not become nonconforming because the zone in which it is located is changed to a zone which requires a conditional or unclassified use permit for the use, or because the use is changed from an allowed use to a conditional or unclassified use within the same zone; provided, however, the use may not be allowed or buildings may not be enlarged without first obtaining a conditional use permit if required pursuant to requirements of DMC Ch. 17.64.

(Ord. 541 § 1 (part), 1999)

Not withstanding any other provision of this chapter, any adult entertainment use or establishment which is rendered nonconforming by the provisions of any ordinance of the town shall be terminated or discontinued within ninety days from the effective date of that ordinance.

A.

The owner or operator of any adult entertainment use or establishment which is rendered nonconforming by the provisions of any ordinance of the town may appeal the ninety-day termination provision of this section by filing a notice of appeal with the town clerk within sixty days of the effective date of this section.

B.

Within ten days of receipt of a notice of appeal, the town clerk shall schedule a hearing on the appeal before a hearing examiner. The hearing shall be no later than twenty days from the date of receipt by the town of the notice of appeal, unless extended by mutual agreement of the parties. The hearing examiner shall be the town clerk or his/her designee.

C.

Within ten days, excluding weekends and holidays recognized by the town, from the date of the hearing on an appeal under this section, the hearing examiner shall issue a written decision, which shall set for the hearing examiner's findings of fact and conclusions of law. The hearing examiner shall consider the following factors and any other factors that he/she determines to be relevant or helpful in reaching a decision:

1.

The harm or hardship to the appellant caused by the ninety-day termination provision of this section;

2.

The benefit to the public to be gained from termination of the use;

3.

The nature of the leasehold or other ownership interest that an appellant may have in premises occupied by the adult entertainment use;

4.

Restrictions or lack of same imposed on an appellant's use of such premises by a lease or other binding agreement;

5.

Amounts expended by an appellant for improvements to such premises or for necessary equipment and the extent to which those amounts have been recovered through depreciation, tax savings, or whether such improvements are contemplated to be left as property of the lessor; and

6.

Any clear evidence of substantial economic harm caused by enforcement of the ninety-day termination provision of this section.

D.

Any appeal of the ninety-day termination provision filed pursuant to this section shall be classified as a Type I decision to be rendered by the hearing examiner pursuant to the provisions of DMC Chs. 17.104 and 17.108.

(Ord. 541 § 1 (part), 1999)

No building setback or landscape area on the subject lot at the time of donation or easement to the town for sidewalk purposes shall become nonconforming by reasons of such donation or easement.

(Ord. 541 § 1 (part), 1999)