The intent of this chapter is to regulate the use, alteration, maintenance, repair, extension and restoration of buildings and land which lawfully existed at the time of the adoption of the ordinance from which this chapter is derived, but which do not now conform to the requirements of the district in which they are located.

(Code 1999, § 17.16.010; Ord. No. 96-347, § 1(11-4-1); Ord. No. 13-004, 4-8-2013)

A.

In view of the fact that no further development or change in use can be undertaken contrary to the provisions of this title, it is the intent of this title that nonconforming uses shall not be increased nor expanded except where a health or safety official acting in his or her official capacity, requires such increase or expansion. Such expansion shall be no greater than that which is required to comply with the minimum requirements as set forth by the health or safety official. Nevertheless, a nonconforming building or structure or use of land may be continued to the same extent and character as that which legally existed on the effective day of the applicable regulations. Repairs may also be made to a nonconforming building or to a building housing a nonconforming use.

B.

Restoration of a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, other calamity or act of nature shall be started within a period of six months from the date of destruction and shall be diligently prosecuted to completion. Such restoration shall not increase the floor space devoted to the nonconforming use over that which existed at the time the building became nonconforming.

C.

A nonconforming building or structure or portion thereof or a lot occupied by a nonconforming use which is, or hereafter becomes, abandoned or is discontinued for a continuous period of six months or more shall not thereafter be occupied, except by a use which conforms to the regulations of the zone in which it is located.

D.

Any nonconforming use or nonconforming building which has been changed to a conforming use or building shall not thereafter be changed back to a nonconforming use or building.

E.

A nonconforming use of a building or lot shall not be changed to another nonconforming use whatsoever. Changes in use shall be made only to a conforming use.

F.

The provisions pertaining to nonconforming uses of land and buildings shall also apply to land and buildings which hereafter become nonconforming due to an amendment in this title.

G.

Notwithstanding the issuance of a permit therefor, no building which becomes nonconforming upon the passage of the ordinance codified in this title or which becomes nonconforming due to amendment to this title shall be built unless construction has taken place thereon to the extent of at least $500.00 in replaceable value by the date on which the ordinance codified in this title or said amendment becomes effective. The term "replaceable value" means the expenditure necessary to duplicate the materials and labor at market prices.

(Code 1999, § 17.16.020; Ord. No. 96-347, § 1(11-4-2); Ord. No. 13-004, 4-8-2013; Ord. No. 15-002, 3-23-2015)

Notwithstanding any other provision of this title, a one-family dwelling may be constructed on any lot of record in any zone in which dwellings are permitted, even though such lot fails to meet the area or width requirements for one-family dwellings within the zone. Where two or more contiguous lots of record, having continuous frontage, are owned by the same person at the time of the passage of the controlling ordinance, the land included in the lots shall be considered to be an undivided parcel and no portion of said parcel shall be used as a dwelling site or sold which does not meet the area and width requirements of the zone in which the lot is located. Yard dimensions and other requirements not involving area or width shall conform to the regulations of the zone in which the lot is located.

(Code 1999, § 17.16.030; Ord. No. 96-347, § 1(11-4-3); Ord. No. 13-004, 4-8-2013)