The purpose of this section is to provide consistent and standard regulations and requirements for the continued use, changes in use, or discontinued use of nonconforming structures and/or uses.

(Ord. No. 72rr, § 3.1, 1-9-2017)

Subject to the provisions of this section, a nonconforming use may be continued and maintained in reasonable repair, but shall not be altered or extended, except that:

(1)

The extension of a nonconforming use to a portion of a structure that was provided for the nonconforming use at the time the ordinance from which this chapter is derived is adopted shall be permitted.

(2)

A structure conforming with respect to use but nonconforming with respect to height, setback, or coverage may be altered or extended if the alteration or extension does not further deviate from any other standard of this chapter.

(Ord. No. 72rr, § 3.2, 1-9-2017)

(a)

If a nonconforming use, involving a structure, is discontinued from use for a period of one year, further use of the property shall conform to this chapter.

(b)

If a nonconforming use, not involving a structure, is discontinued for a period of six months, further use of the property shall conform to this chapter.

(c)

On lots which have more dwelling units than that allowed by the zone, and one or more of the dwelling units are manufactured homes, a manufactured home may be replaced by another manufactured home if said manufactured home is replaced within 30 days from the date the initial manufactured home is removed. Replaced means the home has been issued a building permit and has received final approval for occupancy. If the unit is not replaced within 30 days, another dwelling may not be placed upon the lot. A 30-day extension may be granted upon written request and approval by the board if the request is received prior to the 30-day expiration.

(Ord. No. 72rr, § 3.3, 1-9-2017)

If a nonconforming use is located in a conforming structure, any change in use shall conform to this section.

(1)

A nonconforming use, located in a nonconforming structure, may, upon review by the planning and zoning commission, be changed to another nonconforming use, provided the planning and zoning commission shall find that the proposed use is equally appropriate, or more appropriate, to the zone than the existing nonconforming use. In permitting such a change of use, the planning and zoning commission shall consider whether the proposed use will:

a.

Generate less traffic.

b.

Decrease hours of operation.

c.

Generally be less offensive.

(2)

In permitting any such change of use, the planning and zoning commission may require additional appropriate conditions and safeguards in accord with other provisions of this section.

(3)

Structural alteration may be allowed to any portion of the nonconforming structure, provided it does not increase the existing floor area, and provided the alteration is aesthetically acceptable for the neighborhood in which the structure is located, as determined by the planning and zoning commission.

(Ord. No. 72rr, § 3.4, 1-9-2017)

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of fair market value, as indicated by the records of the county assessor, a future structure or use on the site shall conform to this chapter. This section does not apply to manufactured homes described in section 110.04.030(c).

(Ord. No. 72rr, § 3.5, 1-9-2017)

Nothing contained in this chapter shall require any change in the plans, construction, alteration, or designated use of a structure for which a permit has been issued and construction work has commenced prior to January 24, 2000, except that if the building is nonconforming or is intended for a nonconforming use, it shall be completed and in use within one year from the time the permit was issued.

(Ord. No. 72rr, § 3.6, 1-9-2017)

(a)

Recorded subdivisions and lots of record having less acreage than allowed by this chapter, which were existing on September 30, 2002, shall be considered nonconforming lots. However, lots must meet the approval of the north central health district standards for the installation of approved domestic water supply and sewage disposal systems prior to development.

(b)

If a lot or the aggregate of contiguous lots or parcels is recorded prior to September 30, 2002, has an area or dimension which does not meet the requirements of this chapter, the lot or aggregate holdings may be put to a use permitted outright, subject to the other requirements of the zone in which the property is located, except that a residential use shall be limited to a single-family dwelling.

(c)

Lots divided by court decree are not subject to minimum lot requirements.

(Ord. No. 72rr, § 3.7, 1-9-2017)

(a)

Manufactured home parks in existence as of January 24, 2000, shall be permitted to continue as an established land use, but shall not be altered so as to deviate below the minimum standards of this section.

(b)

Any addition to an existing manufactured home park shall meet all the standards required by this section.

(c)

If an addition or series of additions result in the doubling of the size of an existing manufactured home park, when such doubling exceeds ten total manufactured homes for the entire park, the entire park shall be required to meet all standards required by this section.

(d)

The term "addition to an existing manufactured home park" means the addition of units to an existing park, provided that new spaces created by the rearrangement of manufactured home units within an existing park for the maintenance or improvement of vehicle access shall not, so long as the minimum yard requirements of this chapter are met, be deemed an addition.

(e)

Private drive access presently provided to manufactured home units in existing parks shall not be altered so as to decrease the vehicular access area presently provided.

(Ord. No. 72rr, § 3.8, 1-9-2017)