§ 17.34

If a lawful use involving individual structures including buildings or parts of buildings with a replacement cost of five thousand dollars or more, or of structures and premises in combination, exists that would not be allowed in the zone under the terms of this title, the use may be continued so long as it is otherwise lawful, subject to the following provisions:

A.

No existing structure or building devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on October 12, 1982, but no such use shall be extended to occupy any land outside such building.

C.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.

D.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone in which it is located.

(Ord. 625 § 1, 1986; Ord. 601 § 1, 1984; Ord. 595 § 6.02(D), 1982)

Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding or continued use of any nonconforming building or structure, damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, subsequent to the effective date of the ordinance codified in this chapter wherein the expense of such reconstruction does not exceed the fair market value of the structure at the time such damage occurred, provided, however said construction must be commenced (commencement of construction being defined as issuance of a building permit within two years thereafter and completed within one year after issuance of said building permit.

(Ord. 625 § 2, 1986)

17.34.050 - Repairs and maintenance.

A.

On any nonconforming structure, building or portion of a structure or building containing a nonconforming use, work may be done to carry out ordinary repairs, or repair or replacement of walls, fixtures, wiring or plumbing, to the extent that the cubic content existing when it became nonconforming shall not be increased.

B.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

C.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, when such order is made, a conditional use permit may subsequently be granted to permit a use to continue which would otherwise become unlawful under other provisions of this section.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(E), 1982)

Where uses exist where the requirements for landscaping and concrete pads for trash sites in commercial and industrial zones, screening and street improvements in residential zones, parking in all zones, and other such requirements, at the time of the enactment of this section, those uses may continue without adherence to the requirements until such time as the use is intensified or when the cost of repairs or alterations equals or exceeds fifty percent of the assessed valuation of the structure (as set forth in the latest county assessment roll). Permits for partial work shall not negate this provision. All costs shall be cumulative for five years.

(Ord. 638 § 10 (part), 1988)

A nonconforming use of structure or land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

(Ord. 595 § 6.02(F), 1982)

Chapter 17.36 - SPECIFIC PLANS AND PLANNED DEVELOPMENT ZONES

Sections: