The occupancy of a building or structure by a nonconforming use, existing at the time this title became effective, may be continued. (Ord. 2012-15, 9-20-2012)

A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of six (6) months after the use became nonconforming. (Ord. 2012-15, 9-20-2012)

A nonconforming building or structure must be maintained. (Ord. 2012-15, 9-20-2012)

Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use. (Ord. 2012-15, 9-20-2012)

A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement, provided the additional parking space is approved by the planning commission as a conditional use pursuant to the requirements of section 13.08.040 of this title. (Ord. 2012-15, 9-20-2012)

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. (Ord. 2012-15, 9-20-2012)

The nonconforming use of land, existing at the time this title became effective, may be continued; provided, that no such nonconforming use of land shall in any way be expanded or extended either on the same or abutting property; and provided, that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of six (6) months or more, any future use of such land shall be in conformity with the provision of this title. (Ord. 2015-02, 2-5-2015)

A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of six (6) months and is diligently prosecuted to completion. (Ord. 2012-15, 9-20-2012)

A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of six (6) months, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. (Ord. 2012-15, 9-20-2012)

A nonconforming use shall be deemed abandoned if the use has not applied to the premises for a consecutive period of at least six (6) months. (Ord. 2012-15, 9-20-2012)

   A.   Application; Conditions For Approval: Whenever land or a structure is used in violation of this title, the owner may file an application with the planning commission to have the use declared nonconforming. The planning commission may approve such an application only when the evidence establishes all of the following:

      1.   The use exists on the property at the time of the application and has been in continuous violation of the land use ordinance for a period exceeding five (5) years;

      2.   No complaint has been made to the community development department concerning the violation for a period exceeding five (5) consecutive years during which the violation existed;

      3.   Continuation of the use will not have a detrimental effect on the health, safety or welfare of persons or property in the vicinity;

   B.   Conditions May Be Set: In approving an application hereunder, the planning commission may set any conditions it deems necessary for protection of adjacent properties or the public welfare, including provisions limiting the period of time the use may continue. This section shall in no way be interpreted to permit the continuation of any violation which exists on the effective date hereof. Any person shall have the right to appeal to the city council a decision rendered by the planning commission pursuant to this section. (Ord. 2012-15, 9-20-2012)