A nonconforming use of a structure or land may continue, provided that if such nonconforming use is discontinued, future use of the structure or land shall be as provided in the following paragraphs.

(Ord. 635(part), 1984)

020.1. In the commercial and manufacturing districts any nonconforming use which has been discontinued one year or longer may not be reestablished.

020.2. In the residential districts (R-1, R-2, R-R) any use which has been discontinued three months or longer may not be reestablished.

(Ord. 635(part), 1984)

Within the time frame as specified above, uses of similar impact may replace a nonconforming use; provided, that the new use occupies the same space within a structure, or in the case of an outdoor use, occupies the same amount of land as the previous use. Similarity of impact shall be determined by the administrator based on the listing of permitted uses. The replacement use shall continue to be subject to the limitations on nonconforming uses specified in this chapter. Any nonconforming use which has been discontinued for a period longer than specified above shall be replaced only by a use which conforms to the regulations of the zone in which it is located, subject to the following exception:

030.1. If the new use lies wholly within the structure which housed the nonconforming use, the structure setback or height, or lot size or lot coverage need not be brought into conformance with the regulations.

(Ord. 635(part), 1984)

An existing nonconforming structure cannot be enlarged or expanded in a manner which would increase the degree of nonconformance. If only a limited aspect of a use or structure is nonconforming, the use may be expanded provided that the aspect of nonconformance is not increased.

(Ord. 635(part), 1984)

Repair of an existing non-conforming structure and its equipment or fixtures is permitted provided that the value of the repair does not exceed twenty percent of the assessed value of the structure as determined by the county assessor for the year in which the work is done; a greater amount of repair may be permitted by issuance of a conditional use permit.

(Ord. 635, 1984)

Any structure with a non-conforming use damaged by fire, explosion, accident, act of God or act of the public enemy, may be restored to its status prior to the act of damage provided such efforts are commenced within one year. If restored under these circumstances, the use shall occupy no more floor area than existed prior to the act of damage and the use and building shall remain non-conforming. If reconstruction of a nonconforming structure is not commenced within one year of the act of damage thereafter the land and any development on it shall conform to the regulations of the zone in which it is located. Provided that a conditional use permit may be issued to reestablish a non-conforming structure the restoration of which is not commenced within one year if circumstances such as lengthily litigation, insurance settlements or delays in obtaining financing prevented the applicant from commencing reconstruction within the specified one year time frame.

(Ord. 635, 1984)

To avoid undue hardship at the date of the adoption of the ordinance codified in this title, nothing in this title shall be deemed to require a change in plans, construction or designated use of any building for which a building permit has been issued and the building permit has not expired.

(Ord. 635, 1984)

A non-conforming lot of record is one which is smaller in area or narrower in width than one permitted by this title. In any zone which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of amendment of this title, provided it complies with all other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

(Ord. 635, 1984)

Two or more adjacent non-conforming lots or parcels of record sharing the same frontage and ownership at the time of passage or amendment of the ordinance shall be considered a single undivided parcel. No portion of the lot or parcel shall be sold until it complies with the area, width and street frontage requirements of this title, and terms of applicable subdivision laws. Any structure or use established on any portion of the lot or parcel shall meet applicable requirements for the entire lot or parcel.

(Ord. 635, 1984)

For the purpose of this chapter, the conversion of an existing residential structure to housing for people with functional disabilities shall not be deemed a change of use or an abandonment or discontinuity of the prior use of the structure, if such structure constituted a prior nonconforming use.

(Ord. 710 §3(part), 1991)