A.   Within the districts or zones established by this title or amendments that may later be adopted there exists:

      1.   Lots;

      2.   Structures;

      3.   Uses of land and structures; and

      4.   Characteristics of use; which uses were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendment. It is the intent of this title to permit these nonconformities to continue until they are removed. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone or district.

   B.   Nonconforming uses are declared by this title to be incompatible with permitted uses in the zones or districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after the effective date hereof or its amendment by attachment on a building or premises, or by the addition of other uses, of a nature which would be prohibited generally in the zone or district involved.

   C.   To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the amendment of this title and upon which actual building construction has been carried on diligently. Actual construction materials in permanent or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

In any zone or district in which single-family dwellings are permitted, a single-family dwelling, tiny home and customary accessory buildings may be erected on any single lot of record at the effective date hereof or amendment of this title, not withstanding limitations imposed by other provisions of this title. Variances of yard or setback requirements shall be obtained only through action of the council 1 . (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009; Ord. 456, 7-11-2019)

Where at the time of passage of this title, lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involved no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use shall be discontinued within five (5) years from the effective date hereof, amendments thereto; or, the area shall be completely enclosed with a sight obscuring fence approved by the council within two (2) years.

   A.   No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date hereof or amendment of this title.

   B.   No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date hereof or amendment of this title.

   C.   If any such nonconforming use of land ceases for any reason for a period of more than three (3) months, the subsequent use of such land shall conform to the regulations specified by this title for the zone or district in which such land is located.

   D.   No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Where a lawful structure exists at the effective date hereof or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yard, its location on a lot, or other requirements concerning the structure, it may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming structure may be enlarged or altered in such a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   B.   Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent or more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

   C.   Should such a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone or district in which it is located after it is moved. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

If lawful use involving individual structures with replacement costs of one thousand dollars ($1,000.00) or more, or of structures and premises in combination, exists at the effective date hereof or amendment of this title that would not be allowed in the zone or district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this title in the zone or district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone or district in which it is located.

   B.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.

   C.   If no structural alterations are made, any nonconforming use of a structure, or structures and premises, may as a special exception be changed to another nonconforming use; provided, that the council, either by general rule or by making findings in the specific case shall find that it is appropriate to the zone. In permitting such change, the council may require appropriate conditions and safeguards in accordance with the provisions of this title.

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

   E.   When a nonconforming use of a structure, or structures and premises in combination, is discontinued or abandoned for three (3) consecutive months or for six (6) months during any three (3) year period (except when government action impeded access to the premises), the structure, or structures and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone or district in which it is located.

   F.   Where nonconforming use status applies to a structure and premises, in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

   A.   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs such as walls, fixtures, wiring or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased.

   B.   If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reasons of physical condition, it shall not be thereafter restored, repaired, or rebuilt except in conformity with the regulations of the zone or district in which it is located. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)