It is the purpose of this chapter to provide for the regulation of legal nonconforming lots, buildings, structures, and uses and to specify those requirements, circumstances and conditions under which legal nonconforming lots, buildings, structures, and uses will be operated and maintained. This title establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming lots, buildings, structures, and uses not be permitted to continue without restriction. (Prior Code § 20-15-1)

   A.   Vacant Lots:

      1.   For the purposes of orderly development, a single-family dwelling and customary accessory buildings may be erected on nonconforming lots of record at the effective date hereof, provided:

         a.   The lot fronts on an improved public right-of-way.

         b.   The use of the lot is consistent with its current zoning designation.

         c.   Frontage, depth and area requirements are at least seventy five percent (75%) of the minimum requirements of the district where the use is permitted.

         d.   Unsewered lots have a lot area and soil conditions judged by the City Engineer to satisfactorily provide for private on site sewage treatment.

      2.   If the owner has an interest in more than one lot of record contiguous to other lots of record, all such lots must be combined to meet the requirements of this chapter or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standard of the applicable zoning district, then those more restrictive provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district.

      3.   Subsection A1 of this section is not intended to permit a reduction in setbacks or required yards.

      4.   In the event that the measurements of such lot areas and widths do not comply with subsection A1 of this section, then approval for the construction of a single-family dwelling may be requested as a conditional use permit, subject as regulated by chapter 4 of this title.

   B.   Developed Lots: An existing conforming single-family use on a lot of substandard size may be expanded or enlarged if such expansion or enlargement meets all other provisions of this title. (Prior Code § 20-15-2)

   A.   Except as provided in this section, any nonconforming structure or use lawfully existing upon the effective date hereof shall not be expanded, enlarged, intensified or reconstructed, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended. For the purposes of this section, the following terms shall be defined as follows:

    EXPANSION, ENLARGEMENT, OR INTENSIFICATION: Any increase in a dimension, size, area, volume, or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; or any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the City.

   IMPROVEMENT: Making the nonconforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification.

   REPLACEMENT, RECONSTRUCTION OR RESTORATION: Construction that exactly matches preexisting conditions.

   B.   Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this chapter, unless:

      1.   The nonconformity or occupancy is discontinued for a period of more than one year; or

      2.   Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value as determined by the City, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

      3.   Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

   C.   Any proposed structure which will, under this title, become nonconforming but for which a building permit has been lawfully granted prior to the effective date hereof, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date hereof, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structures and use shall thereafter be a legally nonconforming structure or use.

   D.   Except as herein provided, normal maintenance of a building or other structure containing or related to a lawful nonconforming structure or use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use or structure.

   E.   Except as herein provided, alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units, or size or volume of the building. A dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this title.

   F.   A legal nonconforming, single-family dwelling unit may be expanded to improve livability as a conditional use, as regulated by chapter 4 of this title; provided, that the nonconformity is not increased.

   G.   When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

   H.   A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (Prior Code § 20-15-3)