At the effective date of the ordinance from which this chapter is derived, or any amendment thereto, or at the time of annexation or if annexed subsequent to the effective date of said ordinance, any Use, building or structure that was lawfully existing and maintained in accordance with the previously applicable City ordinances but which does not conform or comply with all of the regulations provided for in this chapter, as amended, may continue to be maintained and used as a lawful Nonconforming Use only in compliance with the provisions and limitations imposed by this article. Uses, structures or buildings which were unlawful or illegal and not in compliance with previously applicable regulations shall remain unlawful, illegal, and shall be subject to abatement or other enforcement action.

(Code 1968, § 25-110; Ord. No. 613, § 2(4.21.010))

If a Use, building or structure is lawfully nonconforming in that it is not a Use by Right, or an approved Conditional Use, or it does not comply with the applicable design and performance standards, the following shall apply:

(1)

a.

If any Factory-Built Housing is destroyed or damaged so that repair, replacement or reconstruction will cost more than 75 percent of the fair market value of the building or structure after repair, it shall no longer be lawful to use the structure except in compliance with the Use regulations and design and performance standards for the Zone within which it is located. All other structures, other than Factory-Built Housing, are subject to the 50 percent damage limitation provided for herein;

b.

All structures which are destroyed or damaged may be replaced or repaired consistent with other limits of this section and the Nonconforming Use continued if replacement or repair is commenced within three months and completed within 12 months.

(2)

If the Nonconforming Use is abandoned or discontinued for a period of six months other than as allowed for repair in subsection (1) of this section, then the premises may only be used in compliance with the Use regulations for the Zone within which it is located.

(3)

The Use may be continued only substantially as it existed at the effective date of the ordinance from which this chapter is derived, or amendment thereto, or of annexation, and no material change in the type of Use shall be allowed, unless the Planning Commission determines, following a hearing that the new Use is a more restrictive Use or less nonconforming than the existing Nonconforming Use and that it will not adversely affect other property in the area, or the public health, safety and welfare. Any change in Use allowed pursuant to this provision shall not affect the future status of the Use as a Nonconforming Use for all purposes of this section.

(4)

The extent or area of the premises utilized for or by the Nonconforming Use, building or structure may not be materially extended or enlarged, or substantially structurally altered, unless the Planning Commission determines, following a hearing, that the change will not adversely affect other property in the area, or the public health, safety or welfare.

(5)

This section is not intended to prevent repairs and remodeling which do not materially change the type and extent of a Nonconforming Use, and building permits may be issued unless the Director of Public Works or Building Inspector believes such structural alterations effectively enlarge or increase the Nonconforming Use, in which case such requests will be referred to the Planning Commission.

(Code 1968, § 25-111; Ord. No. 613, § 2(4.21.020))

If the Use, building or structure is nonconforming with respect to provisions of this chapter other than the Use requirements, or design and performance standards, such as dimensional requirements or general requirements, the following provisions shall apply:

(1)

If the nonconformity of the building, Use or structure is abandoned, removed, or corrected within six months, such nonconformity may not be reestablished. A six-month extension to repair or replace may be requested in advance from the Planning Commission if it is unreasonable to expect compliance within such six-month period.

(2)

If the building or structure is damaged so that the cost of replacing or restoring it is greater than 50 percent of its fair market value after replacement, the building or structure may be repaired or replaced only in compliance with this chapter.

(3)

If the building or structure is damaged in such a way as to remove the nonconformity, the nonconforming feature may not be reestablished by any repair or reconstruction, unless it is unfeasible to repair the building without reestablishing the nonconforming feature.

(4)

No alteration may be made to the Use, building, or structure which would increase the amount or degree of the nonconforming feature. Changes in the Use, building, or structure may be made which will decrease the degree or amount of deviation from the requirements of this chapter.

(5)

Buildings designated on the National Register of Historical Places shall be exempt from the limitation of this section provided they are maintained in good repair in conformity with their historic character.

(6)

Anything herein to the contrary notwithstanding, the Council may allow a Nonconforming Use to continue upon application in accordance with the requirements of a Conditional Use. However, the Council shall find that there is a reasonable likelihood the Uses by Right stated for the Zone may not be met before such Conditional Use may be granted.

(Code 1968, § 25-112; Ord. No. 613, § 2(4.21.030))