The purpose of this chapter is to define the conditions under which the lawful use of any building or lot existing at the time of passage of the ordinance codified in this section may be continued, although such use does not conform to the provisions of this title.
(Ord. 1160 NS § 1, 1997)
In any district in which single-family dwellings and/or manufactured homes are permitted, a single-family dwelling or a manufactured home and customary accessory buildings may be established on a pre-existing legal lot of record which contains less area or width than required under the terms of this title; provided, that the front, side, and rear yard setback requirements as well as other applicable standards of this title are met.
(Ord. 1160 NS § 1, 1997)
A. 
Nonconforming uses shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.
B. 
Nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this title.
C. 
If any such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, any subsequent use of the land shall conform to the regulations specified by this title for the district in which the land is located.
(Ord. 1160 NS § 1, 1997)
Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reasons of restrictions on areas, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
Nonconforming structures may not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease the nonconformity;
B. 
Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its current assessed value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title unless the structure is designated as an historic structure in which case the structure can be rebuilt;
C. 
Should such structure be moved for any reason for any distance whatever, it shall conform to the regulations for the district in which it is located after it is moved.
(Ord. 1160 NS § 1, 1997)
If lawful use involving individual structures with current assessed value of $1,000 or more, or of structure and land in combination, exists at the effective date of adoption or amendment of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
B. 
Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building or other building or structure on the site;
C. 
If no structural alterations are made, any nonconforming use of a structure, or structures and land, may be changed to another nonconforming use upon approval of a conditional use permit subject to Chapter 17.84 CMC. The zoning board of adjustment shall make a finding in the specific case that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of adjustment may require appropriate conditions and safeguards;
D. 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
E. 
When a nonconforming use of a structure, or structures and land in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, except when government action impedes access to the land, the structure, or structures and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;
F. 
Where nonconforming use status applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Accidental destruction for the purpose of this section is defined as damage to an extent of more than 50 percent of the current assessed value at time of destruction.
(Ord. 1160 NS § 1, 1997)
A. 
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 20 percent of the current assessed value of the nonconforming structure and nonconforming portion of the structure as the case may be; provided, that the cubic content existing when it became nonconforming shall not be increased. Regular and ordinary maintenance shall not be construed as enlargement, expansion, change, alteration, renovation or reconstruction as used in this chapter.
B. 
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. 1160 NS § 1, 1997)
Any use which is permitted as a conditional use in a district under the terms of this title (other than a change through the zoning board of adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
(Ord. 1160 NS § 1, 1997)