The purpose of this chapter is to regulate the use, maintenance, alteration, repair, extension and restoration of buildings and land which lawfully existed at the time of adoption of the ordinance codified in this title, but which do not conform to the regulations for the district in which they are located.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

As used in this chapter:

A.

A "nonconforming use" is a use of a structure or land that was lawfully established and maintained prior to the adoption or amendment of the ordinance, but which, under the ordinance, does not conform to the use regulations for the zone in which it is located.

B.

A "nonconforming structure" is a structure which was lawfully erected prior to the adoption or amendment of the ordinance, but which, under the ordinance, does not conform with the regulations of lot coverage, yards, height of structures, etc., for the zone in which it is located.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

The lawful use of land, building or structure existing at the time of the passage of the ordinance codified in this title, although such does not conform to the provisions hereof for said land, may be continued, but if such nonconforming use is discontinued for a period of six months, it shall be considered abandoned, and future use of said land or structure shall be in conformity with the provisions of this title. A nonconforming use may be discontinued for a period longer than six months and then continued providing a conditional use permit has been obtained for such purpose.

B.

Nothing in this chapter shall prevent the repairing of a nonconforming structure or part thereof rendered necessary by normal wear and tear, deterioration or depreciation.

C.

Nothing in this title shall be interpreted as authorization for approval of the continuance of the use of a building or premises in violation of regulations in effect at the time of the effective date of the ordinance codified in this title.

D.

Nothing in this title shall prevent requiring the strengthening or restoring to a safe condition of any portion of a structure declared unsafe by a proper authority.

E.

Nothing in this title shall require any change in plans, construction or designated use of a building for which a building permit or water hookup permit has been issued prior to the enactment of the ordinance codified in this title, provided the construction shall be started within sixty days of the date of the ordinance codified in this title, and the building is completed and used according to the approved plans within one year from the date of the ordinance codified in this title.

F.

A nonconforming building or portion thereof which was specifically designed, or beyond a reasonable doubt, intended by the nature of its arrangement and construction to be used in any way which would be nonconforming under this title, but was not so used at the time the ordinance codified in this title became effective, may, if not altered or repaired as prohibited elsewhere in this title, be occupied or used for the purpose for which it was designed, arranged or intended provided such building is so used within six months after the effective date of the ordinance codified in this title.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Where any nonconforming use or structure is dismantled or damaged by fire, explosion, collapse, act of God, act of the owner or act of public enemy, said nonconforming use or structure shall be allowed to be reconstructed, provided such use or structure shall not be nonconforming to an extent greater than existed prior to such damage or destruction, and provided such reconstruction is completed within one year from the date of such damage or destruction.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Any extensions of a conforming structure devoted to a nonconforming use, or extension of a nonconforming structure shall conform to all regulations for the zoning district in which such structure is located.

B.

Any extension of a nonconforming use shall be by conditional use permit issued by the planning and zoning commission subject to the following:

1.

The extension of a lawful use to any portion of a nonconforming building shall not be deemed the extension of a nonconforming use;

2.

No nonconforming use shall be extended to displace a conforming use.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

A nonconforming use of a building or lot shall not be changed to another nonconforming use except that such changes may be allowed by conditional use permit when the proposed use is no more intensive and objectionable than the original use.

B.

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Section 18.76.040 of this chapter, it shall be required to provide only the number of parking spaces that existed prior to the destruction.

B.

If a business expands, it shall, in addition to the parking spaces that existed prior to such expansion, be required to provide only the number of additional parking spaces necessitated by the expansion.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, or for areas annexed into the town, the foregoing provisions shall also apply to any nonconforming uses existing therein.

(Ord. No. 2013-04, Exh. A, 5-7-2013)