A nonconforming use or structure was a lawful existing structure
or use at the time this Code became effective, but which does not
conform to some or all of the requirements of this Code.
A. Continuation.
A nonconforming use or structure may be continued.
B. Expansion
or Extension. In case of practical difficulty and unnecessary hardship,
the Planning Commission may grant a variance for the enlargement or
expansion of a nonconforming use up to 25% in floor or 10% in land
area as was existing on the effective date of the ordinance codified
in this chapter. For nonconforming industrial uses or structures,
the Planning Commission may grant a variance for enlargement or expansion
up to a size approved by the Planning Commission. The extension of
a nonconforming use to a portion of a structure which was arranged
or designed for the nonconforming use at the time of passage of the
ordinance codified in this chapter is not an enlargement or expansion
of a nonconforming use.
C. Alteration.
A nonconforming structure that conforms with respect to use may be
altered or extended if the alteration or extension does not cause
the structure to deviate further from the standards of this Code.
D. Discontinuance.
If a nonconforming use is discontinued for a period of 12 months,
further use of the property shall conform to this Code.
E. Replacement.
If a nonconforming use involving a structure is replaced by another
use, the new use shall conform to this Code unless the Planning Commission
determines that such structure is suitable only for another nonconforming
use no more detrimental to surrounding properties than the one to
be replaced.
F. Damage.
If a nonconforming structure, or a structure containing a nonconforming
use, is damaged by any cause, it may continue if damage is limited
to no more than 75% of its fair market value (as indicated by the
County Assessor's records), and if a building permit for repair is
issued within one year of the damage event. If these conditions are
not met, any subsequent structure or use of the site shall conform
to this Code.
G. Time
Limitation. Nothing contained in this Code shall require any change
in the plans, construction, alteration or designated use of a structure
for which a permit had been issued by the City and construction had
commenced prior to the adoption of this Code, provided the structure,
if nonconforming or intended for a nonconforming use, is completed
and is in use within two years from the time the permit is issued.