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A. Development of nonconforming lots of record. If on the effective date of this title, a lot does not meet the lot size requirements of the applicable zoning district in which the property is located, the lot may:

1. Be occupied by any use permitted outright in a commercial zoning district, if the lot is located within a commercial zoning district; or

2. Be occupied by a single-family residential unit and accessory structures if the lot is located in a residential zoning district.

B. Nonconforming development. Where a lawful structure and/or improvement exists at the effective date of this chapter that could not be built under the terms of this title, such structure and/or improvement may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. The nonconforming structure and/or improvement may not be enlarged or altered in a way which increases its nonconformity. However, any structure and/or improvement or portion thereof may be enlarged or altered in a way that complies with the requirements of this title or will decrease its nonconformity; or

2. The nonconforming structure and/or improvement may be rebuilt within its original footprint if it is destroyed by fire or other calamity, provided that an application to rebuild the structure must be filed within one year of the destruction.

3. Should such a structure and/or improvement be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

4. Exception: Legally-established detached accessory structures containing conforming uses in a single family residential districts may be structurally altered provided all of the following criteria are met:

a. Such addition shall not increase the gross floor area of the original accessory structure by more than 25%;

b. The addition shall not increase the structure’s nonconformity as it relates to setbacks or distance from main structure (e.g. structure may not encroach into noncompliant setback areas further);

c. The height of the structure shall not be increased;

d. The addition shall meet minimum building and fire codes.

e. The addition shall be in conformance with all other development requirements.

C. Nonconforming uses. A nonconforming use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. Any nonconforming use may be extended throughout any existing parts of a building which were 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;

2. When a nonconforming use is discontinued or abandoned for one year, the use shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events:

a. On the date when the structure or premises is vacated;

b. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

c. On the date of termination of any lease or contract under which the nonconforming use has occupied the premises; or

d. On the date a request for final reading of water and power meters is made to the applicable utility districts.

D. Where a nonconforming use is discontinued or abandoned for one year, the nonconforming use status of the land shall be eliminated.

E. Provisions of subsection (2)(a) above shall not be interpreted as granting an owner of a nonconforming use a vested right. (Ord. M-4066 § 6, 12/16/2013; Effective 01/16/2014; Ord. M-3840 § 44, 08/06/2007; Ord. M-3701 § 32, 05/02/2005; Ord. M-3643, 01/26/2004)