The intent of this chapter is to accumulate provisions applying to all land and buildings within the city into one chapter rather than to repeat them several times.

(Prior code § 17.16.010)

   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 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.   A nonconforming building or structure and a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, or other calamity or act of nature, may be restored, and the building or structure or use of such building, structure, or part thereof may be continued or resumed, provided that such restoration is started within a period of six months from the date of destruction and is 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 an 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 herein or said amendment becomes effective. "Replaceable value" means the expenditure necessary to duplicate the materials and labor at market prices.

(Prior code § 17.16.020)

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.

(Prior code § 17.16.030)

   A.   This title, including the map, may be amended, but all proposed amendments shall be submitted first to the planning and zoning commission for its recommendations, which recommendations shall be submitted to the city council for its consideration within a reasonable time.

   B.   Any person seeking an amendment of this title or map shall submit to the planning and zoning commission a written application on forms furnished by the city designating the change desired and the reasons therefor, and shall pay a filing fee as established by resolution of the mayor and council. Upon receipt of the application and the payment of the filing fee, the planning and zoning commission shall consider the request and shall certify its recommendations to the city council. Failure on the part of the planning and zoning commission to certify its recommendations to the city council within 30 days from receipt of the petition shall be deemed to constitute approval unless a longer period is granted by the city council. The fee required herein shall not be returned to the applicant. The planning and zoning commission, manager, or city council may also initiate amendments to this title without payment of the filing fee;

   C.   All amendments to this title shall be made in accordance with the comprehensive plan of land use. It is public policy that this title shall not be amended unless it can be shown that changed or changing conditions make the proposed amendment reasonably necessary to the promotion of the purposes of this title;

   D.   Amendments to this title may be adopted only after a public hearing in relation thereto before the city council at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published as required by law and in accordance with the requirements of section 1.10.070.

(Prior code § 17.16.040; Ord. NS339 , § 4(Exh. A), 2021)