As used in this title, a "nonconforming use" is the use of any building, structure or land which is prohibited by any current zoning, building or other regulatory ordinances, but which was lawfully existing prior to the effective date of such ordinance. This is to be understood to include animal rights. (Ord. 2000-23, 7-18-2000)

A nonconforming use of land, which use lawfully existed on the effective date of this chapter, may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations or enlargements thereto shall be made thereon, except those required by law. If said nonconforming use is discontinued for a continuous period of six (6) months (12 months in the case of animal rights), any future use of such land shall conform to the provisions of the zone in which it is located. (Ord. 2000-23, 7-18-2000)

   A.   Continuance: A nonconforming building in any zone may be continued for the period prescribed in this chapter, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as allowed by a conditional use permit.

   B.   Expansion Of Building; Conditional Use Permit Required: Subject to the provisions of section 10-2-4 of this title, a conditional use permit may be granted to allow the expansion of a building which does not conform to height, lot coverage setbacks or area requirements if the following standards are met:

      1.   Granting the expansion will not adversely impact the attainment of the general plan.

      2.   The expansion will improve the general appearance or safety of the area.

      3.   By expanding the building, the character of the neighborhood is not adversely impacted.

      4.   The expansion will improve the area by providing additional or adequate parking.

      5.   Any expansion will be adequately screened or buffered, if needed, so as not to increase impacts to the adjoining properties.

   C.   Single-Family Dwellings: Notwithstanding subsection B of this section, an existing single-family dwelling, nonconforming as to side yard requirements but having a minimum side yard of not less than three feet (3'), may be extended in depth along the nonconforming building line to a maximum of one-half (1/2) the length of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling or required parking, and provided such enlargement does not increase any other nonconformity which may exist and conforms to all other regulations of the zone in which it is located.

   D.   Removal Of Nonconforming Building: If a nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this chapter. (Ord. 2000-23, 7-18-2000)

   A.   Continuance: The nonconforming use of any conforming building lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building, nor shall any structural alterations except those required by law be made, and if such nonconforming use is discontinued for a continuous period of six (6) months, any future use of such building shall conform to the provisions of the zone in which it is located.

   B.   Use Regulations; Expansion: A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner if the expansion involves any structural alteration of the building, except as allowed by a conditional use permit. Subject to the provisions of section 10-2-4 of this title, the use of a building or structure may be expanded if the following standards are met:

      1.   The expansion of the use will not adversely impact the surrounding properties.

      2.   The proposed expansion is compatible with the surroundings.

      3.   The site of the proposed expansion conforms to all site development requirements as physically possible, given existing site limitations.

      4.   The proposed expansion shall not create new nonconformities.

      5.   No expansion of a nonconforming use shall be allowed which would extend beyond the original lot or tract of land. (Ord. 2000-23, 7-18-2000)

The nonconforming use of a nonconforming building lawfully existing on the effective date hereof may be continued and may be expanded or extended throughout such building, provided no structural alterations except those required by law are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification. If such nonconforming use is discontinued for a continuous period of six (6) months, any future use of the said building shall conform to the provisions of the zone in which it is located. (Ord. 2000-23, 7-18-2000)

If a nonconforming use is vacated, it may be succeeded by an equally restrictive or more restrictive nonconforming use, provided such change is effected within six (6) months (12 months for animal rights). After a change to a more restrictive use is in effect, that change shall be evidence that the less restrictive nonconforming use has been abandoned and thereupon loses any vested right as such, and the degree of nonconformity may not subsequently be increased by changing back to a less restrictive use. (Ord. 2000-23, 7-18-2000)

   A.   A nonconforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion, or other casualty or act of God or public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued, subject to all of the provisions of this title. (Ord. 2000-23, 7-18-2000)

   B.   A nonconforming building that is destroyed more than fifty percent (50%) of its reasonable replacement value must receive planning commission approval before being restored. (2003 Code; amd. Ord. 2004-19, 8-17-2004)

Notwithstanding any other provisions of this title, all uses permitted and lawfully existing in any zone at the time of the effective date hereof shall be considered legally nonconforming in the zone in which it is located. This section shall be applicable only to nonconforming uses. (Ord. 2000-23, 7-18-2000)