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1002.04 Nonconforming Use • <br /> A. Any legal nonconformity,including the lawful use or <br /> occupation of land or premises existing at the time of the <br /> adoption of an additional control under this Title,may be <br /> continued,including through repair,replacement,restoration, <br /> maintenance,or improvement,but not including expansion, <br /> unless: <br /> 1. The nonconformity or occupancy is discontinued for a <br /> period of more than 1 year;or <br /> 2. Any nonconforming structure is destroyed by fire or <br /> other peril to the extent of greater than 50%of its <br /> market value and no building permit has been applied <br /> for within 180 days of when the property is damaged. <br /> In this case,the City may impose reasonable conditions <br /> upon a building permit in order to mitigate any newly <br /> created impact on adjacent property. <br /> 3. Exceptions:Notwithstanding the preceding <br /> requirements,pre-existing nonconforming structures or <br /> uses on LDR-zoned properties,including those within <br /> Shoreland or Wetland Management Districts,may be <br /> expanded when: <br /> a. Nonconforming setbacks are not further reduced; <br /> b. Nonconforming building separations are not further • <br /> reduced; <br /> c. Nonconforming height is not further increased; <br /> d. Nonconforming improvement area is not further <br /> increased;and <br /> e. No new nonconforming conditions are created. <br /> B. Any subsequent use or occupancy of the land or premises <br /> shall be a conforming use or occupancy. <br /> C. Notwithstanding subparagraph A,above,the City shall <br /> regulate the repair,replacement,maintenance,improvement, <br /> or expansion of nonconforming uses and structures in <br /> floodplain areas consistent with the City's Floodplain <br /> Ordinance. <br /> D. Unimproved Lots:Any platted lot existing on January 1, <br /> 2011,and then held in separate ownership different from the <br /> ownership of adjoining lots may be used for the erection of a <br /> lawful structure,even though its area and width are less than <br /> the current minimum requirements so long as the remaining <br /> zoning requirements are met(or as a variance may permit). <br /> E. All Districts Exception:Where a pre-existing principal or <br /> accessory structure,including expansion thereof,for which a <br /> property line setback dimension has been made substandard <br /> • <br />