A. Modifications to Nonconforming Uses and Structures. A nonconforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a nonconforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have nonconforming setbacks may be altered or added to; provided, that such alterations and additions would not result in a greater nonconformity of setbacks; and provided further, that minimum setbacks of 10 feet are maintained for a principal structure’s front and rear setbacks, three feet for a principal structure’s side setback, and three feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities).

B. Modifications to Nonconforming Structures and Accessory Dwelling Unit Conversions. A nonconforming structure that will be converted to an accessory dwelling unit may be reconstructed to occupy the same location, building footprint, and height as the existing structure. A conversion or reconstruction for the purposes of creating a new accessory dwelling unit that is proposing expansion to a nonconforming structure, such as a second story, must provide setbacks of no less than four feet from the side and rear lot lines.

C. Change of Use. No nonconforming use shall be changed to another nonconforming use without approval by the planning commission and then only to a use which, in the opinion of the commission, is of the same or of a more restricted nature.

D. Discontinuation of a Nonconforming Use of a Structure. A nonconforming use of a structure shall not be re-established if such use has been discontinued for a period of 12 months or more, or has been changed to, or replaced by, a conforming use. Intent to resume use of a nonconforming structure shall not confer the right to do so.

E. Discontinuation of a Nonconforming Use of Land. A nonconforming use of land, not involving a structure other than fences, signs, and buildings less than 400 square feet in area, shall not be re-established if such use of land has been discontinued for a period of three months or more, or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use of land shall not confer the right to do so.

F. Damage to a Nonconforming Structure. A nonconforming structure which is damaged by fire, flood, or act of God to an extent exceeding 50 percent of its value, as determined by a methodology based on comparable neighborhood values as approved by the director, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated.

G. Maintenance and Repair. Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the building official shall state the precise reason why such alterations were deemed necessary. (Ord. 2764 § 3 (Exh. A), 2021; Ord. 2738 § 6, 2020; Ord. 2711 § 6, 2020.)