A. Except as provided in this chapter, a nonconforming use or structure may be continued. B. Procedure for determination. Upon request, the Planning Director or designee, shall determine whether a building, structure, or parcel of land meets the criteria of a nonconforming use or noncomplying structure based on evidence presented by the applicant. The Planning Director or designee, shall determine the existence, expansion, or modification of a nonconforming lot or use, noncomplying structure, or other nonconformity as provided in the following procedure:

(a) If a determination of the nonconforming status of a property is desired, the owner or his designee shall make application for a nonconforming use determination with the Planning Department. The burden of proof lies with the applicant, but the Planning Director or designee shall investigate the factual and legal history of the subject property and shall thereafter make a determination of the nonconforming status of the property. (b) Notice of the determination of nonconforming status shall be mailed to the owners of the subject property. (c) If within ten (10) days after notice is mailed, information is received by the Planning Director or designee, which may affect the validity of the determination, the administrator may make an amended determination. Notice of an amended determination shall be given as set forth in subsection (b) of this section. (d) The notice shall include a statement that any determination may be appealed as provided in Chapter 18.12.130 of this title and shall state the date by which the appeal must be filed. (e) Such evidence may include building permits, tax records, photographs, receipts, signed contracts, historical documents, or other written evidence. The property owner shall have the burden of establishing the legal existence of a noncomplying structure or nonconforming use.

Except as hereinafter specified, any use, building, or structure, lawfully existing at the time of the enactment or subsequent amendment of the ordinance codified in this title, may be continued, even though such use, building, or structure does not conform with the provisions of this title for the district in which it is located. Except as otherwise provided by law, nothing in this title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Chief Building Official.

A building, structure, or part thereof which does not conform to the regulations for the district in which it is situated, but for which a building permit was issued and construction started prior to the enactment of the ordinance codified in this title, may be completed in accordance with such plans providing work is completed within a one-year time period. Such buildings shall be deemed to be noncomplying and shall be subject to the regulations set forth herein.

A nonconforming use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the district in which it is located, except as follows:

A. Substitution or extension.

i. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. ii. When authorized by the Planning Director or designee, in accordance with this title, a building devoted to a nonconforming use may be completed upon the lot occupied by such building; provided, that such completion is necessary and incidental to the existing use of such building. Such structures shall be less than the existing square footage of the non-conforming building. iii. A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming. iv. A nonconforming use in a conforming structure damaged by fire, wind, tornado, earthquake, or other natural disaster or calamity may be restored as it existed previously and its use may be continued so long as restoration is complete within one (1) year.

B. Discontinuation. A nonconforming use shall be deemed to have ceased when it has been discontinued either temporarily or permanently for a period of 12 months or more, and there is evidence that there was an intent to abandon such use. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment. Any of the following shall be considered evidence of intent to abandon a nonconforming use:

i. Actual notice given by a property owner or his authorized agent. ii. Constructive notice given to the public, city, county, or other government agency. iii. Cessation of any city-required utility service, such as culinary water, sewer, or electrical power, for a period of 12 months or greater, iv. Cessation of all maintenance for a period of 12 months or greater. v. A 75 percent or greater reduction in scope of nonconforming operation(s) within a period of 12 months. vi. Failure to implement city, county, state or federal ordinances within six months of written notification. vii. Failure by a property owner or his authorized agent to physically occupy a structure or property within a period of 12 months

1. A nonconforming building shall not be reconstructed or structurally altered unless such alteration shall result in removing those conditions of the building which render it nonconforming. 2. Repairs and structural alterations may be made to a nonconforming building; provided, that the floor space of such building is not increased. 3. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, to the extent of not more than one and one-half times its assessed value at that time, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is completed within a one-year time period. In the event such damage or destruction exceeds one and one-half times the assessed value of such nonconforming building or structure, no repairs or reconstruction shall be made, except in the case of residences or accessory farm buildings, unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located.

1. Application and intent. This section shall apply to any other circumstance which does not conform to the requirements of this title including, but not limited to, fence height or location; lack of buffers or screening; lack of or inadequate landscaping; lack of or inadequate off-street parking; and any other nonconformity not covered by this chapter. Because the nonconformities regulated by this section involve less investment and are more easily corrected than those regulated by other sections of this chapter, the intent of the City is to reduce and eventually eliminate such nonconformities as quickly as practicable. The degree of such nonconformities shall not be increased. 2. Nonconforming development with approved site plan. Any nonconforming development which is governed by an approved site plan shall be deemed to be in conformance with this title to the extent such existing development conforms to the plan. 3. Compliance Required. A nonconformity other than one enumerated in other sections of this chapter shall be brought into conformance upon the occurrence of any one of the following:

i. Any action which increases the floor area of the premises by more than thirty percent (30%). ii. Any action which, when combined with one (1) or more previous expansions that have occurred over a period of time, causes the aggregate area of expansion to exceed thirty percent (30%) of the original floor area of the premises. iii. For a lot located in a commercial or industrial zone, any change in use to a more intensive use when a new certificate of occupancy is required.