7.135.010 Continuation of nonconforming uses and structures. Except as otherwise provided, the use of a building, structure, premises or land lawfully existing at the time of the effective date of this Ordinance or at the of a change in the official zoning maps may be continued and maintained in reasonable repair, although such use does not conform with the provisions of this Ordinance.

7.135.020 Vested rights. Nothing in this Ordinance shall require any change in the plans, construction, alteration or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of this Ordinance, provided the structure is completed within two years from the issuance of the development permit.

7.135.030 Alteration of nonconforming use or structure. As used in this section, "alteration" of a nonconforming use or structure including a change in use of structure of no greater adverse impact to the neighborhood. Expansion of non conforming structures may be allowed by the Planning Commission subject to the following:

A. The applicant shall demonstrate that such expansion will not result in any greater adverse impact upon other property than is currently the case; and

B. There shall be no increase in any nonconformity with dimensional requirements as a result of the expansion.  [Amended by Ordinance No. 03-589-O 9/18/03]

C. Only one such expansion shall be permitted in any five (5) year period commencing on the date of the initial expansion.

D. No expansion shall result in a structure with a footprint greater than 150% of the original structure.

E. The nonconformity shall not be expanded onto any property which is not now part of one contiguous tract in common ownership, or which was not part of such a contiguous tract in common ownership in May, 1978.

F. In allowing such an expansion, the Planning Commission may impose all such conditions and requirements as may be reasonably necessary to assure that there shall be no increase in the adverse impact of such nonconforming use upon other property within the district.

G. Nothing in this ordinance shall be deemed to preclude the strengthening or restoring to a safe condition any building or part thereof found to be unsafe by any official charged with protecting the public or to prohibit ordinance repairs provided that the volume of the building and the land area occupied by such building remain the same as that which existed in May, 1978.

7.135.040 Restoration of nonconforming uses. If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent greater than sixty percent of the replacement value using new materials, a future structure or use on the property shall conform to the provisions of this ordinance except that single-family residential uses may be rebuilt by right provided such reconstruction is completed within two years of its destruction.

A. Except for single family residential uses which shall be continued by right, if a nonconforming use involving a structure is discontinued from active use for a period of one year, further use of the property or structure shall be a conforming use, except as provided in 7.135.050 C.

B. If a non conforming use not involving a structure is discontinued for a period of one year, further use of the property shall be a conforming use.

C. A previous non conforming use may be reinstated pursuant to the same standards and procedures as required for allowance of a conditional use and the criteria in Section 7.135.060 upon application filed within three (3) years following the last date such nonconforming use was lawfully in operation.

7.135.060 Criteria to grant or deny. When reviewing any request to restore a nonconforming use, in addition to the other applicable criteria, it shall be determined that all of the following are found to exist:

A. The nature and character of the proposed use are substantially the same as that for which the structure was originally design;

B. There is no material difference in the quality, character, intensity or degree of use;

C. The proposed use will not prove materially adverse to surrounding properties.

7.135.070 Compliance with state and local codes. The granting of any such approval shall not be deemed as providing any exception to all other state and local codes such as, but not limited to, fire and life safety, building or comprehensive plan implementing ordinances.

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