The words and phrases defined in this section shall have the following meanings when used in this chapter:

"Dimensional nonconformity" means a situation that occurs when the height, size, or minimum floor space of structures does not conform to the regulations applicable to the district in which the property is located.

"Nonconforming lot" means a lot existing at the effective date of the ordinance codified in this title (and not created for the purposes of evading the restrictions of this title) that does not meet the minimum area requirement of the district in which the lot is located.

"Nonconforming use" means a situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.

(Ord. 276 (part), 2001)

Nonconforming uses that were otherwise lawful on the effective date of the ordinance codified in this title may be continued.

(Ord. 276 (part), 2001)

A. When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot size, then the lot may be used as proposed just as if it were conforming.

B.

If an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.

(Ord. 276 (part), 2001)

A. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.

B.

A nonconforming use may not be extended to additional buildings or to land outside the original building.

C.

A single-family residential structure maintained as a nonconforming use in a commercial district may be repaired, so long as the repair does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements.

D.

In those instances where the nonconforming use is that of a mobile home, the nonconforming use shall be extended to the life of that particular mobile home and shall not thereafter be reestablished and the future use shall be in conformance with this title. It is not the intent of this section to further the intent or extend the life of the nonconformity.

(Ord. 276 (part), 2001)

A. Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovations, i.e., work estimated to cost more than twenty-five percent of the appraised valuation of the structure to be renovated may be done only if it is to make it a conforming structure.

B.

Repair or replacement of a damaged structure located on a lot where a nonconforming situation exists may be allowed. If the damage exceeds twenty-five percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only when approved by the planning commission. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a building permit.

(Ord. 276 (part), 2001)

A. When a nonconforming use is discontinued for a consecutive period of one hundred eighty days, the property involved may thereafter be used only for conforming purposes.

B.

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole.

(Ord. 276 (part), 2001)

Nonconforming uses shall be issued certificates of nonconformance as determined by the zoning enforcement officer. Upon receipt of a written notification from the zoning enforcement officer, it shall be the responsibility of owners of nonconforming property to apply to the zoning enforcement officer for a certificate of nonconformance.

(Ord. 276 (part), 2001)