(a) 
Damaged or Destroyed Structures. The provisions of this chapter shall not prevent the reconstruction, repairing, or rebuilding of any legal nonconforming structure which has been damaged or destroyed by natural disaster, including but not limited to earthquake, fire and flood, so long as the reconstruction, repair or rebuilding does not result in an increase in the nonconformity or change of use that existed prior to the damage or reconstruction.
(b) 
Less Than Substantially Rebuilt Structures. The provisions of this chapter shall not prevent the reconstruction, repairing, or rebuilding of any legal nonconforming structure which will be voluntarily altered such that not more than 50% of the nonconforming portion of the structure's floor area and not more than 50% of the nonconforming exterior walls are rebuilt, either as a single project or cumulatively over time, so long as the reconstruction, repair or rebuilding does not result in an increase in the nonconformity or change of use that existed prior to the reconstruction. The structure dimensions, square footage and use prior to demolition must be submitted to and verified by the Planning Director at the time of issuance of a demolition permit or site development permit, whichever occurs first.
(c) 
Substantially Rebuilt Structures. The provisions of this chapter shall not prevent the reconstruction, repairing, or rebuilding of any legal nonconforming structure which will be voluntarily altered such that more than 50% of the nonconforming portion of the structure's floor area or more than 50% of the nonconforming exterior walls are rebuilt, subject to the limitations outlined in subsection (b), unless the Planning Commission finds that: (1) the structure could be relocated elsewhere on the site, accommodating the same square footage and development area existing previously without substantial environmental damage, and (2) relocation of the structure would substantially reduce adverse visual or privacy impacts to neighbors or to the general public.
(d) 
Development Area and Floor Area. The provisions of this chapter shall not prevent the reconstruction, repair or rebuilding of the amount of legal nonconforming development area or floor area (in excess of the area allowed by Sections 10-1.502 and 10-1.503, respectively, of the Zoning Code), provided that the reconstruction, repair or rebuilding does not result in an increase in the nonconformity or change of use that existed prior to the reconstruction. Development area and floor area location, square footage and use prior to demolition must be submitted to and verified by the Planning Director at the time of issuance of a demolition permit or site development permit, whichever occurs first.
(e) 
Time limit for approval. If pursuant to reconstruction, repair or rebuilding under subsections (b) through (d) above, a complete application for a site development permit or building permit is not submitted prior to one year after the date the structure or portion thereof was demolished, or not later than two years after demolition in the case of damaged or destroyed structures addressed in subsection (a), any new construction must meet all of the then current Zoning Code provisions. The City Council may, at its discretion, authorize an extension of time for submittal of an application, upon written request by the applicant prior to the expiration of the prescribed time limit.
(f) 
Height. Notwithstanding the above provisions (b), (c) and (d), no legal nonconforming structure or portion thereof shall be voluntarily demolished and/or altered to result in a building height in excess of that permitted by this chapter, unless the Planning Commission finds that such height is appropriate due to the historic nature of the structure.
(g) 
Additions to nonconforming structures. Any addition to a legal nonconforming structure shall comply with all provisions of this chapter, except that the Planning Director may approve additions not to exceed 150 square feet in area to be located within a setback, if the Director finds that: (1) the encroachment would be a continuation of an existing encroaching building edge, (2) the addition would encroach no closer to the property line than the adjacent building edge, (3) the addition would be limited to one story, not to exceed 19 feet in height, (4) the addition is desirable in order to provide architectural consistency with the remainder of the structure, (5) the addition would have no adverse visual or privacy impacts on neighbors or the general public; and (6) the addition would be consistent with floor area and development area limitations of the Zoning Code.
(h) 
Legal Nonconforming Structure. For the purposes of this section, a legal nonconforming structure is one which was legally permitted at the time it was constructed, or legally permitted by an approved variance but which does not comply with one or more of the Town's current Zoning Code provisions.
(i) 
Increase in Nonconformity. An increase in nonconformity will occur when any nonconforming structure or portion thereof is altered to increase the footprint, volume or height, or to further exceed maximum development area or floor area, or to increase the extent of encroachment into a setback or to propose an encroachment or excess development area in a different location than previously existed.
(j) 
Change of Use. A change of use means conversion of a non-habitable structure (such as garages, carports, barns/stables, or storage) to residential uses (main residence, secondary dwelling, pool house, etc.), or the conversion of an outdoor use area (walkway, patio) to a more intensive use (swimming pool, tennis court). Change of use is only relevant to setback nonconformities. Change of use to a less intensive use may be permitted by the Planning Director.
(k) 
Variances. Nothing in this section is intended to prohibit a property owner from seeking, or the Planning Commission and City Council from granting, a variance pursuant to the appropriate provisions of the Zoning Code.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 344, eff. May 17, 1991; § 1, Ord. 345, eff. April 17, 1991; § 1, Ord. 387, eff. August 1, 1997)
A nonconforming use may not be changed, enlarged, or altered, nor shall the building structure, or premises upon which such use is located be enlarged, reconstructed, or structurally altered unless such use is changed to a use permitted by the provisions of this chapter.
(§ 1, Ord. 305, eff. October 3, 1986)
When any building or land which has been used other than in conformity with the regulations applicable to the district of which it is a part, and when the Council, after due notice and hearing thereon, shall have found that the use has become dangerous or injurious to the public health, safety, or welfare, such use shall forthwith be converted to the classification of the area in which it is located. Should any nonconforming use be changed to another use not specifically authorized by the provisions of this chapter, the Council, after due notice and hearing thereon may order the discontinuance of the previously authorized nonconforming use and the conversion of the use to the classification of the area in which such use is located.
(§ 1, Ord. 305, eff. October 3. 1986)
A nonconforming use shall be considered as permanently discontinued and may not be resumed if it is discontinued or abandoned for 180 days or more within 12 consecutive calendar months.
All nonconforming use shall be permanently discontinued not later than January 27, 1976.
(§ 1, Ord. 305, eff. October 3, 1986)
The provisions of this chapter shall not prevent the reconstruction, repairing, rebuilding, and continued use of any structure occupied by a legal nonconforming use when damaged by fire, collapse, explosion or Act of God occurring on or after December 4, 1961, wherein the expense of such work does not exceed 50% of the appraised value, for tax purposes, of the structure at the time such damage occurred.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 344, eff. May 17, 1991)
Such repairs and maintenance as are required to keep it in sound condition may be made to a structure occupied by a legal nonconforming use; provided, however, no structural alterations nor change of use shall be made except as required by law or ordinance or authorized by the Planning Commission by a conditional use permit.
The total structural repairs and alterations which may be made to a structure pursuant to the provisions of this section shall not, during its life subsequent to the date of its use becoming nonconforming, exceed 50% of its then appraised value, for tax purposes, unless such use is changed to a conforming status.
(§ 1, Ord. 305, eff. October 3, 1986; § 3, Ord. 344, eff. May 17, 1991)