Subject to the provisions of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair, but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure that was arranged or designed for the nonconforming use at the time of passage of this title is permitted.

(Ord. No. 688, 6-15-1999)

Except for signs or billboards, a structure conforming as to use, but nonconforming as to height, setback, or coverage may be altered or extended; providing the alteration or extension does not exceed the height, setback, or coverage requirements of this title. A nonconforming sign or billboard shall not be altered or extended except to make it comply with the requirements of this title.

(Ord. No. 688, 6-15-1999)

If a nonconforming use is discontinued from active use for a period of one year, further use of the property shall be for a conforming use.

(Ord. No. 688, 6-15-1999)

If a nonconforming use is changed, it shall be changed to a use conforming to the zoning regulations and after change, it shall not be changed back again to the original nonconforming use.

(Ord. No. 688, 6-15-1999)

If a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of its fair market value as indicated by the records of the county assessor, a future structure or use on the site shall conform to this title unless replaced within one year of destruction.

(Ord. No. 722, 6-3-2003)

Nothing contained in this title shall require any change in the plans, construction, alteration, or designed use of a structure for which a permit has been issued by the City and construction has commenced prior to the adoption of this title; provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit is issued.

(Ord. No. 688, 6-15-1999)

An owner or operator of an alleged nonconforming use or structure may apply for a "verification of nonconforming status" through a Type II procedure. The City Administrator shall review information provided by the applicant and any pertinent records. The City Administrator shall issue a decision that makes findings that describe the circumstances and situation relating to the use or structure. The decision shall establish the approximate date or length of time the use or structure has been in existence and the date when a change in this Code made the use or structure nonconforming.

(Ord. No. 688, 6-15-1999)

A.

Lot size requirements. If a property ownership, consisting of the entire contiguous landholdings held in a single ownership at the time of passage of this title, has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the holdings may be occupied by a use permitted in the district subject to the other requirements of the district; provided that if there is an area of deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the density requirement of the district. The record of ownership as recorded in the office of the county clerk at the time of passage of this title shall be the basis for application of this exception unless the owner submits proof that a different ownership existed at the time the provisions of this title became applicable to the land concerned.

B.

Yard requirements. The following exceptions to yard requirements are authorized for a lot in any district:

1.

If there are buildings on both abutting lots which are within 100 feet of the intervening lot, and the buildings have front yards of less than the required depth for the district, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots.

2.

If there is a building on one abutting lot which is within 100 feet of the lot, and this building has a front yard of less than the required depth for the district, the front yard for the lot need not exceed a depth halfway between the depth of the front yard of the abutting lot and the required front yard depth.

(Ord. No. 688, 6-15-1999)

Existing manufactured homes nonconforming to setbacks may be replaced provided the replacement manufactured home does not further reduce existing setbacks. Existing manufactured homes that are not multi-sectional may be replaced with a similar manufactured home. Existing manufactured homes without a garage or carport may be replaced without providing a garage or carport if providing a garage or carport is infeasible due to lot size, configuration or other development constraints. Cost shall not be a reason to justify replacement of manufactured home without a garage or carport. Replacement manufactured homes allowed by this standard shall have been manufactured within ten years.

(Ord. No. 835, 6-4-2019)