The occupancy of a noncomplying structure or of a structure occupied by a nonconforming use, which existed at the time this Ordinance or any amendment thereto became effective, may be continued, provided that the use has not been abandoned or the structure left vacant, as provided in this chapter.

1. Maintenance Permitted. A noncomplying structure may be maintained.
2. Repairs and Alterations Permitted.
   1. Repairs and structural alterations may be made to a noncomplying structure or to a structure occupied by a nonconforming use.
   2. Unless the new construction complies with this Ordinance, any remodel or structural alteration that requires the demolition of an outside wall of a noncomplying structure may only be allowed upon approval by the Land Use Hearing Officer.
   3. The Land Use Hearing Officer decision regarding applications for the removal and replacement of outside walls of a noncomplying structure shall be based upon the following criteria:
      1. The proposed change is in harmony with the purpose and intent of this Ordinance; and
      2. The proposed change does not impose any unreasonable burden upon the lands located in the vicinity.
3. Additions, Enlargements, Moving and Reconstruction at Another Location.
   1. Additions, enlargements, relocations and/or tear down and replacements of a noncomplying structure or of a structure occupied by a nonconforming use that comply with the regulations and intent of this Ordinance are allowed.
   2. Additions, enlargements, relocations and/or tear down and replacements of a noncomplying structure or structure occupied by a nonconforming use that do not comply with the regulations of this Title shall not be allowed, except as allowed by a permit authorized by the Land Use Hearing Officer, provided that the Land Use Hearing Officer finds:
      1. The proposed change is in harmony with the purpose and intent of this Ordinance; and
      2. The proposed change does not impose any unreasonable burden upon the lands located in the vicinity.
4. Restoration of Damaged Structure. A noncomplying structure or structure occupied by a nonconforming use that is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, and the damage is not the result of the intentional or reckless disregard of the owners or occupants, may be restored, and the occupancy or use of such structure or part thereof that existed at the time of such damage or destruction may be continued or resumed, provided that such restoration is started within a period of one year following damage or destruction, and the restoration is diligently prosecuted to completion.
   

The owner of a structure in violation of the maximum height or minimum yard requirements of this Ordinance may file an application to have the structure declared noncomplying. The Director may approve the application when the evidence clearly establishes:

1. The structure has existed at its current location for at least ten (10) years, with the same size, height and setbacks;
2. The structure poses no threat to the health or safety of persons in or around the structure; and
3. No enforcement action for the violation has been taken or initiated for five consecutive years during which the violation existed.

1. Occupancy Within One Year. A vacant structure may be occupied by the nonconforming use for which the structure was designed or intended if occupied within one year after the use became nonconforming.
2. Abandonment. With the exception of dwellings, a structure or portion thereof occupied by a nonconforming use which is abandoned may only be occupied by a use that conforms to the zone in which it is located. If a nonconforming use has not applied to the premises for at least sixty (60) consecutive days during any twelve (12) month period, the use is deemed abandoned.
3. Expansion of Use Permitted. The area occupied by a nonconforming use may be expanded to include up to the entire floor area of the existing structure in which it is conducted, not to exceed the floor area that existed at the time the use became nonconforming.
4. Change of Use.
   1. A nonconforming use may be changed to any use allowed in the most restrictive zone where such nonconforming use is allowed, provided the Planning Commission finds that such use would not be more intensive than the most recent existing legal nonconforming use.
   2. Any change of a nonconforming use to another nonconforming use is a conditional use and subject to the conditional use approval standards, except that the proposed nonconforming use need not conform to the adopted General Plan.
   3. As part of the change of use, structures may not be enlarged, removed, reconstructed or otherwise altered except for interior remodeling and exterior restoration or renewal that will make the appearance of the structure more nearly conform to the character of the area in which it is located.
   4. As part of the change of use, the existing lot may not be enlarged or modified except to create landscape, fencing, curb, gutter and sidewalk, road widening or minimum off-street parking to provide a safer and more compatible facility.
5. Nonconforming Use of Land. Subject to the limitations in this section, the nonconforming use of land may continue, provided that no such nonconforming use of land may in any way expand or extend either on the same or adjoining property.