Any land, structure or combination of the above containing a nonconforming use, or any nonconforming structure, may be continued subject to the provisions of this section.

No existing structure intended for, or devoted to, a use not permitted under the regulations of this title for the zone in which it is located shall be enlarged, extended or structurally altered unless the use is changed to a use permitted under the regulations specified by this title for the zone in which the structure is located; except that in any consecutive period of twelve (12) months, improvements to the existing structural portions of a nonconforming use for the sole purpose of ordinary replacement of walls, fixtures or plumbing, not exceeding twenty-five (25) percent of the assessed value of the structure according to the assessment thereof by the county assessor for the fiscal year in which the work is done, shall be permitted so long as the exterior dimensions of the structure, as it existed on the effective date of the nonconformance, are not increased.

(Ord. 543 § 1 (part), 2001)

No existing structure intended for, or devoted to, a use not permitted under the regulations of this title for the zone in which it is located shall be enlarged, extended or structurally altered unless the use is changed to a use permitted under the regulations specified by this title for the zone in which the structure is located; except that in any consecutive period of twelve (12) months, improvements to the existing structural portions of a nonconforming use for the sole purpose of ordinary replacement of walls, fixtures or plumbing, not exceeding twenty-five (25) percent of the assessed value of the structure according to the assessment thereof by the county assessor for the fiscal year in which the work is done, shall be permitted so long as the exterior dimensions of the structure, as it existed on the effective date of the nonconformance, are not increased.

(Ord. 543 § 1 (part), 2001)

Nothing in this title shall be deemed to prohibit the restoration of the structural portions of a nonconforming use within six (6) months from the date of its accidental damage by fire, explosion, act of God, or act of public enemy; provided, that the setbacks and yard requirements of the zone in which the structure is located shall be adhered to if the structure is destroyed. A structure shall be considered to be destroyed lithe restoration costs exceed seventy-five (75) percent of the assessed value.

(Ord. 543 § 1 (part), 2001)

A nonconforming use may be expanded throughout land held under single ownership at the effective date of the nonconformance upon the granting of a special use permit by the city council, provided, that such expansion does not increase the land area devoted to the nonconforming use by more than fifty (50) percent of that in use at the effective date of the nonconformance, nor the ground area covered by the structural portion of the nonconforming use by more than fifty (50) percent of that existing at the effective date of nonconformance; and provided, further, that the approval shall not be granted if the granting is found to be detrimental to surrounding properties or is inconsistent with the comprehensive plan, or would result in a significant increase in the intensity of the use of the nonconforming use. The city council may impose conditions precedent to expansion of the use.

(Ord. 543 § 1 (part), 2001)

When a nonconforming use is required to relocate due to condemnation or purchase for public use, the city council may grant a special use permit for the relocation of such nonconforming use on the same lot or any contiguous lot which is under single ownership at the effective date of the nonconformance, subsequent to a recommendation from the planning commission and a public hearing; provided, that such relocation must be found not to be detrimental to the surrounding properties.

(Ord. 543 § 1 (part), 2001)

Nonconforming uses may only be changed to other uses which are allowed by this title for the zone which applies to the land on which the nonconforming use is located. Such new uses shall be initiated subject to the conditions of the zone.

(Ord. 543 § 1 (part), 2001)

If the nonconforming use is discontinued for a period of twelve (12) consecutive months or more, the nonconforming status of the use is terminated, and any future use of the land or structures shall be in conformity with provisions of this title for the zone in which it is located.

The mere presence of a structure, equipment or material shall not be deemed to constitute the continuance of a nonconforming use unless the structure, equipment or material is actually being occupied or employed in maintaining such use.

(Ord. 543 § 1 (part), 2001)

A.

Nonconforming structures may be remodeled, maintained or structurally altered or enlarged; provided, that the degree of nonconformance shall not be increased and the yard, height, lot coverage and open space requirements of the zone in which the structure is located shall be observed.

B.

A nonconforming structure accidentally destroyed by fire, explosion, act of God, or act of public enemy to an extent where restoration costs would exceed seventy-five (75) percent of the assessed value of the structure, shall be considered completely destroyed and shall be required to meet all yard, height, lot coverage and open space requirements of the zone in which it is located upon restoration.

(Ord. 543 § 1 (part), 2001)

Any kennel that qualifies as a nonconforming use due to an excess number of dogs shall be brought into compliance with applicable codes and regulations within five (5) years of the date it became nonconforming, whether by annexation or by the subsequent enactment of new regulations.

(Ord. 574 § 8, 2003)