This chapter regulates the continued existence of nonconforming uses and noncomplying structures as defined in DCC 18.04.010. While nonconforming uses, noncomplying structures and improvements may continue, this chapter is intended to limit enlargement, alteration, restoration or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. In addition, applications are reviewed to ensure that they are reducing the degree of nonconformity and improving the physical appearance of the structure and site through such measures such as landscaping, building design or the improved function of the use in relation to other uses. (Ord. 18-277, 2-15-2018)

1. Burden On Owner To Establish Legality: The owner bears the burden of establishing that any nonconforming use or nonconforming structure lawfully exists.
2. Determination Of Status: The designated Land Use Authority shall determine the nonconforming or noncomplying status of properties. Any decision of the Code Enforcement Officer may be appealed within ten (10) calendar days of the decision to the Appeal Authority. Upon appeal, the Appeal Authority shall conduct a hearing and shall review the matter under de novo standard of review. (Ord. 18-277, 2-15-2018)
   

1. Continuation Of Nonconforming Use: A lawful nonconforming use may continue subject to the standards and limitations of this title.
2. Continuation Of Noncomplying Structure: A noncomplying structure that was lawfully constructed with a permit prior to a contrary change in this title, may be used and maintained, subject to the standards and limitations of this title. (Ord. 18-277, 2-15-2018)
   

1. Abandonment Of Nonconforming Use: A nonconforming use that is discontinued for a continuous period of forty five (45) days is presumed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use of the building, structure or land must conform to the regulations for the zoning district in which it is located.
2. Rebuttable Presumption Of Abandonment: The presumption of abandonment may be rebutted upon showing that during such period:
   1. Any period of discontinued use was caused by governmental actions or an act of God without any contributing fault by the owner and the owner did not intend to discontinue the use; or
   2. The owner can demonstrate no abandonment of the use. (Ord. 18-277, 2-15-2018)
      

No nonconforming use may be moved, enlarged, altered or occupy additional land, except as provided in this section.

1. Enlargement: A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or site that it did not occupy on the date on which the use became nonconforming. A nonconforming use may be extended through the same building or structure, provided no structural alteration of the building or structure is proposed or made for the purpose of the extension and the parking demand is not increased.
2. Exterior Or Interior Remodeling Or Improvements To Building Or Structure: Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the area of the nonconforming use.
3. Relocation Of Building Or Structure: A building or structure containing a nonconforming use may not be moved unless the use shall thereafter conform to the regulations of the zoning district into which the building or structure is moved..

No nonconforming structure may be moved, enlarged or altered, except in the manner provided in this section or unless required by law.

1. Repair, Maintenance, Alteration, Enlargement: Any noncomplying structure may be repaired, maintained, altered or enlarged; provided, that such repair, maintenance, alteration or enlargement shall neither create any new noncompliance nor shall increase the degree of the existing noncompliance of all or any part of such structure.
2. Moving: A noncomplying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zone in which it will be located. (Ord. 18-277, 2-15-2018)

The owner may complete normal maintenance and incidental repair on a complying structure that contains a nonconforming use or on a noncomplying structure. This title shall not be construed to authorize any violations of law nor to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the Code Enforcement Officer who declares such structure to be unsafe and orders its restoration to a safe condition. (Ord. 18-277, 2-15-2018)

Appeal from Appeal Authority decision made pursuant to this chapter shall be made to the District Court. Any person filing an appeal with the District Court for review of any decision made under the terms of this chapter shall file such appeal within thirty (30) days after the date of the Appeal Authority's final decision. (Ord. 18-277, 2-15-2018)

The keeping of hen chickens (and no roosters) for personal or family food production (not for commercial use), subject to those qualifying regulations and special conditions set forth under paragraph B:

1. Qualifying Restrictions:
   1. Application For Permit: Each applicant wishing to obtain issuance of a nonconforming permit for the keeping of poultry must submit a completed application to the Code Enforcement Officer for approval. The application shall include signed permission to keep animals on the subject property from each contiguous property owner.
   2. Authority: The Code Enforcement Officer shall have authority to grant or deny the permit. Once the signed permission is granted, it shall be considered valid until the permit is either vacated or revoked under the terms of this section.
   3. Nontransferable Permit: The permit shall not be transferrable through the sale of the property, is subject to annual review and renewal, and may be denied at any time at the direction of the Code Enforcement Officer.
   4. Recorded Property Owner: There shall be one recorded property owner for the subject property.
   5. Principal Use: The principal use of the lot or parcel shall be a one-family dwelling.
2. Qualifying Regulations:
   1. Maximum Number Of Animals Per Lot: The number of chickens which may be kept shall be limited based on the size of the lot or parcel as follows:
      1. Ten thousand (10,000) square feet: Up to fourteen (14);
      2. Nine thousand (9,000) square feet: Up to twelve (12);
      3. Eight thousand (8,000) square feet: Up to ten (10);
      4. Seven thousand (7,000) square feet: Up to eight (8);
      5. Six thousand (6,000) square feet: Up to six (6).
   2. Accessory Buildings Or Structures For Poultry:
      1. The chickens shall be confined within a secure outdoor enclosed area.
      2. The enclosed area shall include a covered, ventilated and predator resistant chicken coop.
      3. If chickens are not allowed to roam within an enclosed area outside the coop, the coop shall have a minimum floor area of six (6) square feet per chicken.
   3. Location Of Buildings Or Structures For Animals: The following additional requirements shall apply to the location of all coops used for the confinement or housing of chickens:
      1. The coop shall be located in a rear yard at least fifteen feet (15') from any property line and six feet (6') from any dwelling.
3. Special Conditions:
   1. Aesthetic Requirements: The following special provisions shall apply in residential zones in order to protect its essential characteristics:
      1. The space required around buildings and structures shall be kept free from refuse and debris;
      2. All areas in which animals are kept shall be completely surrounded by an adequate fence or other barrier sufficient to prevent the escape of any such animals therefrom;
      3. Peripheral fences may be erected on the property line;
      4. All coops shall be kept in such condition that no noxious odor is generated therefrom; that no such area becomes the breeding ground for insects or other pests; and that all other refuse shall be contained so as not to pollute any water or stream or constitute a public or private nuisance.
4. Additional Application Requirements: In addition to the requirements of paragraphs B and C, a written statement containing the following information must be delivered to the Code Enforcement Officer prior to keeping any chickens for personal use or family food production:
   1. Number: The number of chickens to be kept on the premises;
   2. Type: The type of chickens to be kept on the premises;
   3. Lot Size: The lot size where the chickens will be kept;
   4. Structure Type: The type of structure or structures that will be placed on the premises for housing the chickens in compliance with paragraph B,2;
   5. Time For Construction: An estimate of the time required for constructing such structures;
   6. Waste Disposal Plan: A proposed plan to dispose of animal waste products and to keep the premises free from any noxious odors, in compliance with paragraph C,1,d.
5. Change In Number Maintained: Any person who changes the number of chickens kept for personal use or family food production shall have an affirmative duty to file a new application and statement with the Code Enforcement Officer to assure compliance with the provisions set forth herein. (Ord. 18-277, 2-15-2018)