Except as hereinafter specified, any use, building or structure lawfully existing at the time of the enactment of this chapter, may be continued even though the use, building or structure may not conform with the provisions of this chapter for the district in which it is located. However, this section does not apply to any use, building or structure established in violation of any zoning ordinance in effect at the time the use, building or structure was established.

(`61 Code, § 25.17.3) (Ord. 915, passed 6-20-2000)

   Existing uses, buildings and structures which do not conform to the regulations of the district where they are located shall be subject to these specific regulations in addition to the general regulations of the particular district in order to ensure that the uses, buildings and structures are not detrimental to the community, and, where necessary, to provide for their gradual elimination or improvement in order to further the general plan and overall goals of the city for orderly community development.

(`61 Code, § 25.17.5) (Ord. 915, passed 6-20-2000)

   (A)   A nonconforming use at a single location may be continued or reestablished at the same location, except when the nonconforming use has ceased for six months or more or except as provided in § 25.165.

   (B)   Whenever a nonconforming use of a building or land has been changed to a conforming use, the use shall not thereafter be changed to a nonconforming use.

   (C)   Except as provided in § 25.165(A), an existing nonconforming use shall not be enlarged or extended unless the use is regularized through rezoning or a use permit is first approved therefor.

   (D)   (1)   Except as provided in § 25.165(A), an existing building or land devoted to a nonconforming use shall not be enlarged, extended or substantially altered unless the use thereof is changed to a permitted use in the district in which the building or land is located.

      (2)   Maintenance measures such as reroofing, minor structural repairs, repainting, interior wall additions and the like not exceeding in total amount, during any period of five years, 50% of the value of the building as determined by the Community Development Director or designee are allowed. The Community Development Department may charge a fee to recover the cost of determining the value of the building and the maintenance measures.

   (E)   Except as provided in §§ 25.165(B) and 25.167(D), when a building or structure containing a nonconforming use is damaged or destroyed by any natural disaster or accident and repair or replacement exceeds 50% of the value of the building or structure before it was damaged, as determined by the Community Development Director or designee, it shall not be reconstructed to accommodate a nonconforming use. The building or structure may be restored and used only in conformity with the provisions of the district for which it is located. The Community Development Department may charge a fee to recover the cost of determining the value of the building and the repair or replacement costs.

(`61 Code, § 25.17.7) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

   (A)   A nonconforming dwelling unit or units may be enlarged, extended or altered structurally, provided the degree of nonconformity is not increased beyond that which previously existed and no additional dwelling units result.

   (B)   Regardless of the value of replacement, repair or reconstruction, a nonconforming dwelling unit or units which is or are damaged or destroyed by any natural disaster or accident may be replaced, repaired or reconstructed, provided that a complete building permit application for the replacement, reparation or reconstruction is submitted within 12 months of the damage or destruction, the degree of nonconformity is not increased beyond that which previously existed, and no additional dwelling units result.

(`61 Code, § 25.17.9) (Ord. 915, passed 6-20-2000)

   Upon written approval of the Community Development Director or designee, a nonconforming use of a building or land may be changed to another nonconforming use of the same or more restricted classification provided the Technical Advisory Committee finds that the new use will not increase adverse impacts to the city or to adjoining owners or tenants.

(`61 Code, § 25.17.11) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

   (A)   Any expansion of a nonconforming building shall comply with the latest applicable property development standards of the district, unless the use is regularized through approval of a setback adjustment, rezoning or a use permit.

   (B)   Authorized maintenance measures such as reroofing, minor structural repairs, repainting, interior wall additions and the like not exceeding in total amount, during any period of five years, 50% of the value of the building, as determined by the Community Development Director or designee are permitted.

   (C)   Except as provided in division (D) below, when a nonconforming building is damaged or destroyed by any natural disaster or accident and repair or replacement exceeds 50% of the value of the building or structure before it was damaged or destroyed, as determined by the Community Development Director or designee, it shall be reconstructed in conformity with the development standards of the district for which it is located.

   (D)   Nonconforming buildings used as dwelling units which are damaged or destroyed by any natural disaster or accident may be replaced, repaired or reconstructed provided that a complete building permit application for the replacement, reparation or reconstruction is submitted within 12 months of the damage or destruction, the degree of nonconformity is not increased beyond that which previously existed and no additional dwelling units result.

   (E)   At the discretion of the property owner, lawful uses occurring within nonconforming buildings may be changed to another lawful use.

(`61 Code, § 25.17.13) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)