It is the intent of this chapter to allow the continuation of nonconforming uses and buildings existing at the time of adoption of the ordinance codified herein and legal uses which become nonconforming by adoption of this title, but not to encourage their survival or allow an increase in size or intensity of nonconforming uses. (Ord. 1191, 2015)

   A.   Permitted: Where an individual lot was held in separate ownership from adjoining properties or was platted in a recorded subdivision approved by the council prior to the effective date hereof and fails to meet the requirements for area or width or both, that are generally applicable in the district, such lot may be occupied according to the permitted uses provided for in the zoning district, provided all other regulations, including setbacks, for the district are met. No multi-family project shall be developed on any lot or property smaller than the minimum area required by this title.

   B.   Buildings On Undersized Lots: In all zoning districts, a building on an undersized lot of record at the effective date hereof shall not be considered a nonconforming building, provided the building meets all other bulk and setback requirements in that district.

   C.   Undivided Parcels: If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption of the ordinance codified herein and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this title. (Ord. 1191, 2015)

A nonconforming use may be continued, subject to the provisions of this chapter. (Ord. 1191, 2015)

A nonconforming use may be changed only to a conforming use. (Ord. 1191, 2015)

A nonconforming use may not be enlarged or extended, including, without limitation, any increase in the total amount of space devoted to the nonconforming use, thereby increasing the degree of nonconformity. Criteria used to determine enlargement or extension shall include, but not be limited to, areas of land covered, square footage of building or use space, number of dwelling units, hours of operation, traffic generated and volume of goods handled. A nonconforming use shall not be used as justification for adding other structures or uses prohibited in the same district. A nonconforming use may not be extended to additional buildings or to land outside the original building. (Ord. 1191, 2015)

A nonconforming building may not be enlarged, extended, reconstructed, moved or structurally altered so as to increase the degree of nonconformity. A nonconforming building may be enlarged so long as the enlargement does not create new nonconformities with respect to such matters as setbacks and parking requirements. Minor repair, as defined in section 17.13.080 of this chapter, of nonconforming buildings is allowed. (Ord. 1191, 2015)

   A.   Six Months: If active and continuous operations of a nonconforming use are not carried on during a continuous period of six (6) months, the tract of land where such a nonconforming use previously existed shall thereafter be used only for a conforming use. Intent to resume active operations shall not be considered active and continuous operations.

   B.   Manufactured Homes Removed: Notwithstanding the provisions of this chapter, if a nonconforming manufactured home is removed from the tract of land on which it was located, said tract of land shall thereafter be occupied by only a conforming use. (Ord. 1191, 2015)

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing wall fixtures, wiring or plumbing; provided, that the repair does not increase the degree of nonconformity of the use or building as described in sections 17.13.050 and 17.13.060 of this chapter. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the city building inspector upon order of such official. (Ord. 1191, 2015)

   A.   Permitted: A nonconforming building (not to include buildings continuing a nonconforming use) which has been damaged, partially destroyed or completely destroyed, either by fire or other calamity or natural causes or by intentional demolition by the owner of said building, may be rebuilt so long as the repaired or rebuilt building in no way increases the degree of nonconformity, including nonconformity with respect to such matters as setbacks and parking requirements. Any enlargement of such a nonconforming building shall not increase the degree of any nonconformity, and shall also meet the requirements of section 17.13.060 of this chapter, with regard to prohibition against the creation of any new nonconformities. The height of the repaired or reconstructed building shall not exceed the height of the building that existed prior to repair or reconstruction unless design review approval for a building with an increased height has been granted by the commission.

   B.   Destroyed Nonconforming Manufactured Home: Notwithstanding the provisions of subsection A of this section, a nonconforming manufactured home used as the residence of the owner which is destroyed by fire or natural causes may be replaced with a manufactured home having the same overall dimensions as the previously existing manufactured home; provided, that such replacement occurs within three (3) months of the calamity, and provided the new manufactured home meets the current minimum requirements for a manufactured home. (Ord. 1191, 2015)