Within the zoning districts established by this title and amendments thereto, uses and structures may exist which were lawful before the date of adoption or amendment of this title but which would be prohibited or restricted under the terms of this title. The general purpose of this chapter is to encourage the conversion of such nonconforming uses to conforming uses. However, this chapter allows nonconforming uses and structures to be continued, altered, restored or replaced subject to satisfaction of the review criteria specified. Nothing contained in this title shall require any change in the plans, construction, or designated use of any structure for which a building permit was issued and actual construction commenced prior to the date of adoption of this title or any amendment thereto. No alteration of a nonconforming use shall be permitted except in compliance with the provisions of this chapter. (Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)

Nonconforming uses shall be reviewed in accordance with the Type II review procedures.

(Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)

An application for an alteration or expansion of a nonconforming use shall be filed with the city manager and accompanied by the appropriate fee. It shall be the applicant’s responsibility to submit a complete application that addresses the review criteria of this chapter. (Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)

If a nonconforming use is discontinued for a period of more than six consecutive months, the use shall not be resumed unless the new or resumed use conforms to the requirements of this title. A nonconforming single-family dwelling may be continued, altered, or restored for residential purposes without review. A single-family dwelling does not lose its nonconforming status due to vacancy. (Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)

The alteration of any nonconforming use when necessary to comply with any lawful requirement for alteration of the use or structure, or to bring the use or structure into closer compliance with this title shall be permitted, subject to all other laws, ordinance and regulations. (Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)

Normal maintenance of a nonconforming use is permitted provided there are not major structural alterations as determined by the building official. (Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)

A. The city manager shall authorize restoration or replacement of any nonresidential nonconforming use when restoration or replacement is made necessary by fire, casualty, or natural disaster and does not exceed forty (40) percent of the value of the original structure, provided the physical restoration or replacement is lawfully commenced within six months of the damage or destruction.

B. The city manager shall authorize restoration or repair of any residential nonconforming use when restoration or replacement is made necessary by fire, casualty, or natural disaster provided the physical restoration or replacement is lawfully commenced within six months of the damage or destruction.

C. The planning commission, subject to the Type II review procedure, may extend the restoration or replacement period for an additional six months. In no case shall the total restoration or replacement period exceed one year. Requests for extension of restoration or replacement period shall be submitted in writing thirty (30) days prior to the expiration date of the restoration or replacement period.

D. The alteration of a nonconforming use may be authorized by the planning commission, subject to the Type II review procedure, provided that the applicant demonstrates that the proposal satisfies the following criteria:

1. That the alteration of structures would result in a reduction in nonconformity of the use, or would have no greater adverse impact on the neighborhood;

2. A change in use to another nonconforming use may be permitted if it is of the same or less intensity of use;

3. The alteration of a nonconforming single-family residence that does not involve a change in use is authorized without planning commission approval. (Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)

In approving the alteration, restoration, or replacement of a nonconforming use, the planning commission may impose such conditions, as it deems appropriate to ensure that the intent of this chapter is carried out. (Ord. 662 § 1 (Exh. A)(part), 2007: Ord. 619, 2003)