A. 
The minimum area or width requirements of this title shall not apply to nonconforming lots or parcels. An authorized lot or parcel may be occupied by any use or structure as may be otherwise authorized pursuant to the requirements of this title.
B. 
No lot area, yard or other open space, existing on or after the effective date of this title, shall be reduced in area, dimension, or size below the minimum required by this title.
C. 
The general lot size or width requirements of this title shall not apply when a portion of a tax lot under single ownership is located in an area subject to an exception from statewide planning goals and is isolated from the part of the property by a public road.
D. 
When the lot size deficiency is entirely the result of a portion of the original parcel having been removed for public roadway purposes, or bona fide survey defects, the owner may partition the parcel into two or three lots of nearly equal size, provided the septic site evaluation is satisfactory and all other lot requirements are met. For the purposes of this subsection, the records of the County Assessor's Office or an independent survey by a property owner shall be used to establish acreage figures.
E. 
Lots which were legally created prior to June 29, 1973, and which do not meet the current minimum frontage, lot width or lot sizes required for the zone are deemed acceptable for development.
(2005 RLDC § 13.010)
A. 
If a nonconforming use is discontinued from active use for a period of one year, further use of the property shall be for a conforming use.
B. 
If a nonconforming use is changed, it shall be changed to a use that conforms to the regulations of the zone in which it is located, and after change, it shall not be changed back again to any nonconforming use.
C. 
If a nonconforming use is interrupted or ceases to operate for a period of one year, it may not be resumed unless the resumed use is in compliance with the requirements of the zone in which the lot or parcel is located, or the change is authorized as an alteration pursuant to JCC § 19.13.050.
(2005 RLDC § 13.020)
A. 
Subject to the provisions of JCC § 19.13.040 and § 19.13.050, a lawful nonconforming structure may be altered or maintained.
B. 
If a building or structure is nonconforming due to failure to comply with a yard or location requirement and that building or structure is proposed to be altered or enlarged, any alteration or enlargement may occur only to the extent that it conforms with all other requirements of this title, and does not cause any further violation of the provision to which it is nonconforming.
C. 
The provisions of this title shall not apply to applications for uses or structures which are submitted prior to the date of adoption, except when the uses or structures do not commence within two years from the date of approval. A structure shall be considered commenced when all required permits have been acquired and construction begins.
D. 
If a nonconforming structure is removed from the property for a period of one year, the structure may not be replaced unless the replacement conforms to the requirements of the zone in which the lot or parcel is located.
(2005 RLDC § 13.030)
A. 
If a nonconforming structure, or a structure containing a nonconforming use, is destroyed by fire or other casualty or natural disaster, the structure may be replaced or restored.
B. 
Construction must begin within one calendar year of the date the use or structure was destroyed.
C. 
The restoration or replacement shall be processed by issuing a development permit under the ministerial review procedure, JCC § 19.22.030.
D. 
Unless provided otherwise by another provision of this title, restoration or replacement that begins more than one year from the date the use or structure was damaged must conform to all the requirements of this title and other applicable law.
(2005 RLDC § 13.040)
Alteration of a nonconforming use or structure may be allowed or restricted as follows:
A. 
The initial decision on a proposal for the alteration that is necessary to reasonably continue the use shall be made using Planning Director and quasi-judicial review procedures as described in JCC § 19.22.040;
B. 
An "alteration" of a nonconforming use includes:
1. 
A change in the use of no greater adverse impact to the neighborhood; and
2. 
A change in the structure or physical improvements of no greater adverse impact to the neighborhood.
C. 
An alteration that results in adverse impacts to the neighborhood may be mitigated by special conditions of approval so as to render the impacts less than adverse.
D. 
For the purpose of verifying the nature and extent of a lawful nonconforming use, the applicant may not be required to prove the existence, continuity, nature and extent of the use for a period exceeding 20 years immediately preceding the date of the application.
(2005 RLDC § 13.050)
A. 
Any person may apply to the Planning Director for a determination of the existence and/or extent of a nonconforming use.
B. 
A request for a determination shall include:
1. 
An application on forms provided by the Planning Office;
2. 
The application shall clearly state the purpose of the request, and why the determination is requested;
3. 
Contain a statement of facts relating to the nonconforming status, including all documents, records, photographs, affidavits or other evidence supporting the statement;
4. 
Be accompanied by a fee equivalent to a request for the alteration of a nonconforming use.
C. 
The application shall be processed under the quasi-judicial review procedures set out in Chapter 19.22 JCC.
(2005 RLDC § 13.060)