Intent. Within the districts established by this title or amendments that may later be adopted, there exist structures, buildings, mobile homes and uses that were lawful when established, but which do not conform to subsequently established or amended districts or regulations. Such structures, buildings, mobile homes and uses are declared to be incompatible with the permitted uses in the districts and are, therefore, nonconforming. The intent of this chapter is to control and improve such nonconforming uses as long as they exist, until they are brought into conformity, or until they are removed or terminated. For the purpose of this chapter, any reference to a structure also includes any building or mobile home; any reference to building permits includes mobile home installation permits.

Use Permit Required. Any structure, building, mobile home or use for which a use permit is required by the terms of this title shall be considered nonconforming and shall not be enlarged, altered or extended to occupy a greater land or building area unless and until a use permit is obtained in accordance with Sections 17.112.020 through 17.112.040.

Health and Safety. Nothing in this chapter shall be construed to prohibit any additions or alterations to a nonconforming structure, building or mobile home as may be reasonably necessary to comply with any lawful order of any public authority made in the interest of the public health, safety, welfare or morals.

Previously Approved Building Permits. Nothing contained in this chapter shall be deemed to require any change in plans, construction or designed use of any structure for which a building permit has been issued and upon which actual construction or preparation for placement was lawfully begun prior to the effective date of the ordinance or amended ordinance codified in this title which makes the structure, building or mobile home nonconforming. Actual construction is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement; or the demolition or removal of an existing structure, building or mobile home begun preparatory to rebuilding; provided, in all cases, actual construction work shall be diligently carried on until the completion of the building, mobile home or structure involved.

Maintenance and Repairs. Ordinary maintenance and repairs may be made to any nonconforming structure, provided no structural alterations are made, and provided the work does not exceed 25% of the assessed value thereof, according to the assessor's records, in any one-year period. Any repair necessary to bring a nonconforming building, structure or mobile home into compliance with city codes, shall also be allowed, regardless of whether the repairs exceed the 25% of assessed value. Floor area of the building, structure or mobile home shall not be increased by any repairs.

Enlargements. A nonconforming structure may not be added to or enlarged unless the nonconforming structure, the additions or enlargements thereto, and the use thereof are all made to conform to the regulations of the district in which it is located.

Relocation. A nonconforming structure, building or mobile home shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless, as a result of the move, it shall conform to the regulations of the district in which it will be located after the move.

Reconstruction. A nonconforming structure, building or mobile home damaged or partially destroyed by any reason, to the extent of not more than 75% of the appraised value at that time, may be restored and the occupancy or use of such structure or part thereof, which existed at the time of the partial destruction, may be continued or resumed, provided the total cost of such restoration does not exceed 75% of the assessed value of the structure at the time of such damage, and that the restoration is started within a period of one year of the damage and is diligently carried on to completion. In the event the damage or destruction exceeds 75% of the appraised value of the nonconforming structure, building or mobile home, no repair or reconstruction shall be made unless every portion of such structure, building or mobile home is made to conform to all of the regulations in the district in which it is located.

Nonconforming Historic Structure. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a nonconforming historic structure may be made when authorized by the community development director (or designee) and building official (or designee), provided:

Change to a Conforming Use. The use of a nonconforming building, structure or mobile home may be changed to any other use which is permitted in the district in which the structure is located, except as provided in this chapter;

Change to Same or More Restrictive Nonconforming Use. The nonconforming use of a building or structure may be changed to a use of the same or more restricted nature, provided a use permit is issued;

Expansion of a Nonconforming Use. The nonconforming use of a portion of a building, structure or mobile home may not be expanded to other portions thereof; and

Abandonment. Any nonconforming building, structure or mobile home for which a use is discontinued for a continuous period of more than one year shall not thereafter be occupied unless the nonconforming building, structure or mobile home is brought into conformance with the district in which it is located and the new use conforms to the regulations for the district in which it is located.

Note: Abandonment shall not include those uses which have been discontinued for reasons beyond the owner's control such as illness, death, extended leave of absence due to family or emergency where it was not the owners intent to abandon the use. The determination for abandonment may be reviewed by the city council at the request of the property owner where he or she can present evidence that it was never his or her intent to abandon the use.

Continuation. A nonconforming use of land may be continued, provided: