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 provided in the following section.

(Ord. 163 § 5.1, 1989)

Any nonconforming use which has been discontinued shall be replaced and may be replaced with any use which is permitted in the underlying zone, subject to the exceptions listed in this section.

A.

Discontinuance for a period of six months or longer shall constitute prima facie evidence of an intent to abandon the nonconforming use.

B.

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.

C.

A nonconforming commercial or industrial use in any residential zone may be replaced by any use permitted in the R-2 zone, or by the office or institutional use, provided that such replacement use shall be considered a conditional use and subject to procedures and approval outlined in Section 17.80.030 of this title, and provided further that any such conditional use not located wholly within an existing structure must conform to structure setback and height regulations, and to lot coverage regulations, of the zone within which it is located. A use development in this fashion shall thereafter be subject to the limitations on nonconforming uses specified in this title.

(Ord. 163 § 5.2, 1989)

An existing nonconforming structure shall not be enlarged or expanded nor shall a nonconforming use be expanded in a structure partially occupied by such a use.

(Ord. 163 § 5.3, 1989)

Repair of an existing nonconforming structure and its equipment or fixtures is permitted provided that the value of 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 shall be permitted under conditions to be set or approved by the board of adjustment.

(Ord. 163 § 5.4, 1989)

If a nonconforming structure is damaged by fire, explosion, accident, act of God or act of the public enemy, to the extent of more than fifty percent of the assessed value, thereafter the land and any development on it shall conform to the regulations to the zone in which it is located, provided that the board may grant a conditional use permit, under procedures outlined in Section 17.80.030 of this title, for rebuilding of the nonconforming use approximately to its status prior to the act of damage; if damage is fifty percent or less, restoration of the nonconforming use approximately to its status prior to the act of damage is permitted without board action. If restored under either of these circumstances, the use shall remain nonconforming.

(Ord. 163 § 5.5, 1989)

The board of zoning adjustment may authorize a temporary permit under procedures outline in Chapter 17.80 of this title for a nonconforming building or for a nonconforming use for a period not to exceed one year.

(Ord. 163 § 5.6, 1989)

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 on which actual construction has been carried on diligently. "Actual construction" includes the placing of construction materials in permanent position and fastened in a permanent manner, or where excavation or demolition and/or removal of an existing structure has been substantially begun preparatory to rebuilding. Such excavation or demolition or removal is deemed to be actual construction provided that the work is carried on diligently.

(Ord. 163 § 5.7, 1989)

A nonconforming lot of record is one which is smaller in area or narrower in width than one permitted by this title. In any zone in 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 or 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. 163 § 5.8, 1989)

If two or more lots or combinations of lots or portions of lots with continuous frontage and single ownership are of record at the time of passage or amendment of the ordinance codified in this title and if all or part of the lots do not meet the requirements of this title, the lot or combination of lots shall be considered an undivided parcel for the purposes of this title. No portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this title.

(Ord. 163 § 5.9, 1989)