Any uses on the land existing at the time this title is adopted, whether housed in structures or outside the structures, not agreeing with the uses permitted therein, are hereby declared to be nonconforming uses. Such uses shall be permitted to continue except as hereinafter provided:

   A.   Allowed To Continue: Nonconforming buildings may be continued if said building is not added to or structurally altered.

   B.   Removal: Whenever a nonconforming building (including a trailer or mobile home) is removed from the land for a period of three hundred sixty five (365) days, any future buildings and uses shall be in conformity with the provisions of this title.

   C.   Discontinued Use: Any building occupied by a nonconforming use which is discontinued for a period of three hundred sixty five (365) days or more shall thereafter be used in conformity with the provisions of the district in which it is located.

   D.   Damage: The provisions of this title shall not prevent the reconstruction, repairing or rebuilding and the continuing use of any nonconforming building or buildings damaged by fire, explosion or act of God or the enemy subsequent to the effective date hereof, wherein the cost of safe reconstruction, repairing or rebuilding does not exceed fifty percent (50%) of the reasonable replacement value to the building immediately prior to its damage.

   E.   Altered Or Changed To Conforming Use: Any portion of a nonconforming building or use which is altered or changed to a conforming use, may not thereafter be used for a nonconforming use.

   F.   Extension: The extension of a nonconforming use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time of the passage hereof, shall not be deemed the extension of a nonconforming use. (Ord. 410, 8-25-1986)

The nonconforming use of land where no structures are involved, may continue for a period not to exceed five (5) years after the effective date hereof, subject to the following conditions:

   A.   Expanded Or Extended: No such nonconforming use of land shall be expanded or extended in any way, either on the same or adjoining property.

   B.   Discontinued Use: Where such nonconforming use or any portion thereof is discontinued for one hundred eighty (180) days or changed, any future use of the land shall be in conformity with the provisions of this title. (Ord. 410, 8-25-1986)

Any sign, billboard or commercial advertising structure which lawfully existed and was maintained on the effective date hereof, may be continued, providing no structural alterations are made thereto and that all such nonconforming signs, billboards or commercial advertising structures shall have been removed from the district not later than five (5) years from the effective date hereof. (Ord. 410, 8-25-1986)

   A.   All Zoning: "Recreational vehicle", "motor home", "travel trailer", as defined by section 12-1-1 of this title, may apply for a special use permit, if the property owner and/or occupant of the recreational vehicle, motor home or travel trailer can prove the nonconforming recreational vehicle, motor home or travel trailer was in place prior to January 1, 2015, and upon the recommendation of the building official, the planning commission and approved by the city council may be allowed.

      1.   After January 1, 2015, no "recreational vehicle", "motor home" or "travel trailer", as defined by section 12-1-1 of this title, will be allowed to be used as a primary residence under any circumstance except those already provided in this title, specifically as temporary housing.

      2.   Acceptable proof of habitation prior to January 1, 2015, of a nonconforming recreational vehicle, motor home or travel trailer, in any zone includes paid water/sewer and landfill bills from the city of Ely.

      3.   Affected owners of recreational vehicles, motor homes and travel trailers who had their recreational vehicle in place prior to January 1, 2015, may apply for a special use permit.

      4.   Any recreational vehicle, motor home or travel trailer issued a special use permit, must pay for water, sewer and landfill fees to the city of Ely. In the event a special use permit is granted, and the city is able to determine that the property owner and/or occupant has failed to pay for city water, sewer and landfill fees for the recreational vehicle, motor home or travel trailer, as a condition of issuing the special use permit, the owner of the property and/or the occupant must pay all provable unpaid water, sewer and landfill fees to the city of Ely.

      5.   Individuals seeking a special use permit to keep a recreational vehicle in any zone as a primary living space, must meet the minimum setback requirements for mobile homes for any zone, and must meet water, sewer, power and other federal and state regulations for placement of these services to be the same as a recreational vehicle park within six (6) months of being granted a special use permit.

      6.   Affected individuals shall have forty five (45) calendar days from the passing of this section in which to apply for a special use permit. Failure to apply within the forty five (45) calendar days shall forever revoke the property owner and/or occupant of the ability to obtain such a special use permit.

      7.   Applicant for a special use permit must pay the fee set forth for processing a special use permit as established by the city of Ely building official. (Ord. 691, 10-22-2015)