Chapter 18.44 — NONCONFORMING USES

Nonconforming buildings and uses shall be those buildings and uses which were lawful when established, but do not conform to subsequently established zoning or zoning regulations.

(Ord. 68-128 §5-406 (part), 1968).

Maintenance and repair may be made to a nonconforming building, but no structural alterations shall be made to a building which is nonconforming as to use regulations, except those required by law.

(Ord. 68-128 §5-406(1), 1968).

Any nonconforming building may be added to or enlarged if the building and its use is made to conform to the regulations of the district.

A.

In commercial and industrial districts, nonconforming uses of buildings are those uses which are not listed as permitted but which are of the same general type and are determined by the commission to not be detrimental to the public health, safety and general welfare.

B.

Nonconforming buildings are those which do not conform to building heights and yards. Such buildings shall be permitted to continue, provided that any alterations, additions, or enlargements thereto shall comply with all property development standards of the district. If any nonconforming building is removed from the land all future buildings erected shall conform to the provisions of this title.

(Ord. 68-128 §5-406(2), 1968).

A.

The following nonconforming buildings shall be removed or altered or converted to a conforming building or use, when such buildings have reached the age specified in this section:

Residential buildings in commercial and industrial districts;

Commercial and industrial buildings in residential districts.

B.

Time limits shall begin as of May 4, 1968, and are as follows:

Type I and II construction,* forty years;

Type III and IV construction,* thirty years;

Type V construction,* twenty years.

(Ord. 68-128 §5-406(3), 1968).

*As defined in the Uniform Building Codes.

Nonconforming uses of the land where no buildings or structures are involved, shall within five years after May 4, 1968, be terminated or so altered that they will be in conformity with the uses permitted in the district.

(Ord. 68-128 §5-406(4), 1968).

A.

Nonconforming uses of conforming buildings:

The nonconforming use of a conforming building or structure may continue in operation except as provided in subsection (A)(2) of this section.

The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use. If such a nonconforming use or portion thereof is discontinued for a period of six months or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which the building or structure is located.

B.

Nonconforming uses of nonconforming buildings:

A nonconforming use of a nonconforming building or structure may be continued or extended throughout such building; provided that if such nonconforming use is discontinued for a period of six months or changed to a conforming use, any future use of such building or structure shall be in conformity with the use regulations of the district in which the building is located.

A nonconforming use of a nonconforming building may be changed to any use permitted by right in a more restrictive district. The sequence of districts, the first being the most restrictive and the last being the least restrictive, shall be as follows: O, R-1, R-2, R-3, T-P, C-4, C-5, M-1.

C.

Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.

(Ord. 97-3 §1, 1997: Ord. 85-19 §9, 1985: Ord. 85-07 §1, 1985: Ord. 84-05 §8, 1984).

In addition to all other remedies, a nonconforming use may be ordered to be terminated by order of the council, within a period specified in such order, which period shall be consistent with this chapter, which order shall be issued after a public hearing by the council after fifteen days' notice to such nonconforming user.

(Ord. 85-07 §2, 1985).

Signs, billboards or commercial advertising structures which do not conform to this title, but which lawfully existed and were maintained as of May 4, 1968 shall, within five years after May 4, 1968, be removed or made to conform. During the interim five-year period, said nonconforming signs, billboards and commercial

advertising structures shall be kept in good repair and visual appearance, and no structural alteration shall be made thereto.

(Ord. 68-128 §5-406(5), 1968).

The provisions of this title shall not prevent the reconstruction, repair or rebuilding of any nonconforming building damaged by fire, explosion, or act of God or the enemy, subsequent to the effective date of this title, provided that the cost of such reconstruction, repairing or rebuilding shall not exceed fifty percent of the reasonable replacement value of the building immediately prior to the damage, as determined by a qualified appraiser. Such reconstruction, repair or rebuilding, however, shall not be construed as lengthening the amortization period set forth in Section 18.44.040 above.

(Ord. 68-128 §5-406(6), 1968).

Those nonconforming uses and buildings which are existing or authorized under a variance, special or conditional use permit granted under this title or any previous ordinance, shall be permitted to continue under the conditions and regulations imposed in said permit or variance.

(Ord. 68-128 §5-406(7), 1968).