(A)   To declare that conformities are incompatible with the allowed uses and development requirements of the zoning district regulation set forth in this title.

   (B)   To permit nonconformities to continue until they are removed and to allow for routine maintenance, but not to encourage their perpetuation.

   (C)   To restrict nonconformities from being enlarged upon, expanded or extended.

   (D)   To prevent nonconformities from being used as the grounds for adding other prohibited structures or uses in the same zone.

   (E)   To further the goals and policies of the City's adopted Comprehensive Plan which encourages energy efficiencies in structures; promotes in-fill development; and the preservation of the scenic value of the shoreline and existing historic development which contribute to the unique character of the City. It is therefore the intent of this chapter to allow for limited exceptions to the limitations on nonconformities which meet these Comprehensive Plan objectives. (Ord. 979, 5-23-2019, eff. 7-1-2019)

   (A)   These regulations shall apply to any lawfully existing nonconforming use, structure or development that existed prior to March 16, 2006.

   (B)   Any "special use" or variance granted prior to March 16, 2006, shall be permitted to continue in accordance with the terms and conditions of approval for such "special" (now known as "conditional") use or variance, subject to the provisions set forth in chapter 13 of this title. Such a use shall not be deemed a nonconforming use.

   (C)   Applications pending as of the effective date of this chapter, July 1, 2019:

      1.   Project With Pending Application: All applications shall be processed according to the regulations and requirements in effect as of the date the application was accepted by the City as complete.

      2.   Approved Project With Pending Request For A Time Extension: Time extension requests shall be consistent with the requirements that are in effect when the original application was approved.

      3.   Approved Projects Not Yet Completed: Any approved application may still be completed as provided by the approval. (Ord. 979, 5-23-2019, eff. 7-1-2019)

   (A)   Where at the time of the adoption of applicable regulations, lawful use of land, structures, and/or development existed which would not be permitted by the regulations imposed by this title, the use, structure and/or development may be continued so long as it remains otherwise lawful, and adheres to the provisions of this chapter.

   (B)   A nonconforming use of land or structure, or a nonconforming use of land and structure in combination, shall not be extended or enlarged after passage of this chapter by the addition of other uses of a nature which would be prohibited in the zone.

   (C)   To avoid undue hardship, nothing in this chapter shall be taken to prohibit completion of construction of a structure for which a building permit has been issued prior to March 16, 2006. (Ord. 979, 5-23-2019, eff. 7-1-2019)

   (A)   A nonconforming use that involves no individual structures other than small or minor accessory buildings, may be continued so long as it remains otherwise lawful, provided:

      1.   No such nonconforming use shall be enlarged or increased.

      2.   No nonconforming use may be moved in whole or in part to any portion of the lot or parcel other than the nonconforming use occupied at the time of the adoption of regulations prohibiting such use.

      3.   If any nonconforming use ceases for any reason for more than twelve (12) months, any subsequent use of land shall conform to the regulations of this title; provided, however, that the owner of such land may, in writing, file with the Administrator during or before such twelve (12) month period expires, giving notice that the owner intends to suspend the use and intends to preserve the right, not exceeding three (3) years, to resume the use.

      4.   No additional nonconforming structure(s) shall be erected in connection with such nonconforming use of land.

   (B)   A nonconforming use that involves individual buildings or structures, or of structure and land in combination, may be continued, so long as it remains otherwise lawful, provided:

      1.   No existing structure devoted to a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered unless the use of the structure is changed to a use permitted in the zone.

      2.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed expressly for such use on the effective date of the applicable regulations, but no such use shall be extended to occupy any land outside such buildings that existed at the time that the use became nonconforming.

      3.   Any structure and land, in or on which a nonconforming use is replaced by a permitted use, shall thereafter conform to the use regulations for the zone, and the nonconforming use may not be resumed.

      4.   If any nonconforming use of a structure and land is discontinued or abandoned for twelve (12) months, the structure and land shall not be used except in conformity with the regulations of this title; provided, however, that the owner of such use may, in writing, file with the Administrator during or before such twelve (12) month period expires, give notice that the owner intends to suspend the use and intends to preserve the right, not exceeding three (3) years, to resume the use.

      5.   Where nonconforming use status applies to a structure and premises, removal or destruction of the structure shall eliminate the nonconforming status. "Destruction" for purposes of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction. (Ord. 979, 5-23-2019, eff. 7-1-2019)

   (A)   A structure that is nonconforming by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, such non- conformities may be continued so long as the structure remains otherwise lawful, subject to the following provisions:

      1.   No nonconforming structure may be enlarged or altered in a way which increases the nonconformity including volume, but any structure or portion may be altered to decrease its nonconformity.

      2.   Should a nonconforming structure or nonconforming portion of structure be damaged by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. The term "damage" includes natural or accidental events, such as fire, flood, lightning, or fallen snow or tree, but does not include incidental harm or intentional demolition by the owner to a structure. The owner of such structure may repair or reconstruct the same structure, on the same footprint, and in the process may alter it to decrease its nonconformity, so long as:

         (a)   Within eighteen (18) months after the date of such damage or destruction, the owner commences such repair or reconstruction, and diligently prosecutes the work to completion in accord with then applicable Building Codes; and

         (b)   No other nonconforming structure was constructed on that site during the eighteen (18) month period.

      3.   When a nonconforming structure is moved for any reason over any distance, it shall conform to the regulations for the zone to which it is moved.

      4.   A nonconforming structure may be enlarged, so long as the addition to the structure conforms to all the requirements of the zone with the exception as stated in subsection 3.11.07(A) of this chapter. (Ord. 979, 5-23-2019, eff. 7-1-2019)

   (A)   In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by this title, a single- family dwelling and customary accessory buildings may be erected on any lot that was of record on the effective date of the applicable regulations, provided:

      1.   Setback and lot coverage requirements applicable to those nonconforming lots of record shall be those of the zone with the largest lot area requirement within which the lot would be conforming.

      2.   A lot which fails to be conforming in any zone shall maintain a front yard setback of twenty feet (20'), side yard setback of five feet (5'), rear yard setback of five feet (5'), and maximum lot coverage of fifty percent (50%).

   (B)   A development that is not in accord with the standards for development such as off street parking, off street loading, lighting, lot coverage or landscaping shall be restricted in expansion of uses or structures associated with the development until the nonconforming development standards have been mitigated as determined by the Planning and Zoning Commission. Change shall be permitted in the direction of conformity to these requirements. (Ord. 979, 5-23-2019, eff. 7-1-2019)

   (A)   Shoreline Development: If the nonconforming structure or portion thereof is located within the fifty foot (50') shoreline setback pursuant to chapter 7 of this title, then:

      1.   A single one-time only addition, less than twenty five percent (25%) of the total square footage of the existing nonconforming structure is allowed so long as the addition to the structure conforms to all the requirements of the zone.

      2.   Additions or enlargements to the structure that equal more than twenty five percent (25%) of the total square footage of the existing nonconforming structure shall require the entire nonconforming structure, or portion thereof which causes the structure to be nonconforming, to be removed and conform to all the requirements of the zone.

   (B)   Repairs And Maintenance: For any nonconforming structure or structures containing a nonconforming or permitted use, ordinary repairs, repair, additions or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding ten percent (10%) of the current replacement cost of the nonconforming structure or portion of structure may be made within a five (5) year period.

      1.   Energy efficiency improvements to the building thermal envelope, as defined by the International Energy Efficiency Code, will be exempted from the ten percent (10%) valuation.

      2.   Similarly, historically significant structures as defined in 3.20.100(A) of this Title with recommendation from the Historic Preservation Commission may be exempted by the Administrator..

   (C)   Exterior Improvements: Exterior improvements that do not increase the nonconformity and style and material changes such as siding, roof and enlarged windows may be approved by the Administrator when in accordance with McCall Design Guidelines.

   (D)   Strengthening Or Restoring Structure: Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming structure or part of the structure declared to be unsafe by the building inspector. (Ord. 979, 5-23-2019, eff. 7-1-2019; amd. Ord. 989, 4-23-2020)