Uses, structures and lots legally established before the adoption of this zoning ordinance may not conform to all of its requirements.

(Ord. 709 § 1 (part), 2004)

In order not to cause undue economic hardship to owners of property, nonconforming uses and structures shall continue under the following conditions. For purposes of interpretation, "residential building or structure" shall be deemed to include both single-family and multi-family buildings or structures.

A.

Existing nonconforming structures or uses cannot be enlarged or altered so as to increase their nonconformity; except, however, that owners of nonconforming dwelling units in the C-1 zoning district shall have the right to maintain, improve, or expand their properties;

B.

An existing nonconforming structure and its equipment or fixtures may be repaired if the value of the repair does not exceed fifty percent of the assessed value of the structure as determined by the county assessor for the year in which the work is to be done;

C.

An existing nonconforming structure that is destroyed by fire or calamity more than fifty percent of its replacement value, as determined by the building official, may be reconstructed to its original size, shape, configuration, and in conformance with the building code if reconstruction commences within three years of the damage, unless extended by the city council; and

D.

If a nonconforming use is discontinued for three years or more, then that nonconforming use is no longer legal and subsequent uses and structures shall conform to this chapter.

(Ord. 709 § 1 (part), 2004)

(Ord. No. 830, § II, 4-12-2017)

A.

Any lot that existed before the effective date of the ordinance codified in this chapter and which is nonconforming as to area or dimension as required by the zoning district, is a legal building lot provided:

1.

The lot has at least twenty feet of frontage on a public street or access to a public street by way of an easement or similar document on record with the county auditor;

2.

The lot satisfies all other regulations for the district and all other rules and regulations of the city.

(Ord. 709 § 1 (part), 2004)

Any use existing before the adoption of the ordinance codified in this chapter that is nonconforming regarding the table of required spaces in Section 17.28.060(D) of this code and intends to expand shall be required to conform to the number of spaces required only for the expanded area.

(Ord. 709 § 1 (part), 2004)