Subject to the provisions of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be structurally altered, extended or expanded. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of adoption of the ordinance codified in this chapter is not an extension of a nonconforming use. A complete record of the location, value, nature and extent of all nonconforming uses shall be maintained by the city.

(Code 1977, § 17.36.010; Ord. No. 769-1982, § 3)

A structure conforming as to use but nonconforming as to height, setback, or coverage may be altered or extended providing the alteration or extension does not result in a violation of this title.

(Code 1962, § 25-9-102; Ord. No. 424-1973, § 1; Code 1977, § 17.36.020)

A.

If a nonconforming use involving a structure is discontinued from use for a period of one year, further use of the property shall be for a conforming use.

B.

If a nonconforming use not involving a structure is discontinued for a period of six months, further use of the property shall be for a conforming use.

(Code 1962, § 25-9-103; Ord. No. 424-1973, § 1; Code 1977, § 17.36.030)

If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the district and, after change, it shall not be changed back again to the original nonconforming use.

(Code 1962, § 25-9-105; Ord. No. 424-1973, § 1; Code 1977, § 17.36.050)

A.

If a nonconforming structure or a structure containing a nonconforming use is destroyed or damaged by fire, flood, wind, explosion, act of God or in another manner to an extent such that the cost to repair would exceed 50 percent of the replacement cost at the time of the destruction or damage, a future structure or use on the property must conform to the provisions of this Code.

B.

If destruction is determined to be less than 50 percent, restoration must be started within 12 months of such calamity and completed within 24 months of initiating restoration.

C.

Notwithstanding subsection A of this section, if an existing residential dwelling or accessory building located in the Old Town overlay district that is nonconforming as to setback requirements only is destroyed or damaged by fire, flood, wind, explosion, act of God or in any other manner to an extent that the cost to repair would exceed 50 percent of the replacement value at the time of the destruction or damage, it may be restored or rebuilt in the same location and dimension relative to such setbacks as they existed prior to such destruction or damage, provided it is not located within a vision clearance area or in conflict with floodplain regulations, and further provided that restoration or rebuilding is started within 12 months of such calamity and completed within 24 months of initiating restoration or rebuilding.

(Code 1977, § 17.36.060; Ord. No. 769-1982, § 3; Ord. No. 1195-1995, § 6)

Nothing contained in this chapter shall require any change in the plans, construction, alteration, or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of the ordinance codified in this chapter, except that if the designated use will be nonconforming, for the purpose of section 17.36.030, it shall be a discontinued use if not in operation within two years of the date of issuance of the building permit.

(Code 1977, § 17.36.070; Ord. No. 769-1982, § 3)

Whenever the boundaries of a district are changed so as to transfer an area from one district to another district of a different classification, sections 17.36.010 through 17.36.080 shall also apply to any nonconforming uses existing therein.

(Code 1977, § 17.36.080; Ord. No. 585-1978, § 18)

A.

Unless otherwise provided in this Code, any district in which single-family dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record which exists as such at the time of adoption of the ordinance codified in this chapter. Such lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, width, or both area and width; provided, however, that the requirements of the district for minimum yard dimensions shall be met unless a variance to such requirements has been granted by the board of adjustment.

B.

Unless otherwise provided in this Code, if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this chapter, and part or all of such lots do not meet the requirements of the district in which they are located as to minimum area, frontage, or both minimum area and frontage, for the purpose of this chapter, the lands shall be considered to be an undivided parcel, and no portion of such parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this title.

(Code 1977, § 17.36.090; Ord. No. 769-1982, § 3)