Chapter 18.68 — NONCONFORMING USES

The lawful use of land existing on the effective date of the ordinance codified in this title, although such use does not conform to the regulations specified by this title for the district in which such use is located, may be continued, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title; and that if any such use ceases, as provided in this chapter, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

(Ord. No. 743, § 3, 3-21-2017)

The lawful use of a building existing at the time of adoption of the ordinance codified in this title may be continued, although such building and/or use does not conform to the regulations specified for the district in which such building is located.

(Ord. No. 743, § 3, 3-21-2017)

Any use for which a use permit is required and may be granted by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 18.73.

(Ord. No. 743, § 3, 3-21-2017)

If at any time any building in existence on the effective date of the ordinance codified in this title does not conform to the regulations, including parking regulations, for the district in which it is located, and is damaged or destroyed by fire, explosion, act of God or act of the public enemy, to the extent of more than 60 percent of the actual value thereof according to the fair market value placed thereon by the county assessor for the fiscal year during which such destruction occurs, the land and building shall be subject to all the regulations specified by this title for the district in which such land and buildings are located.

(Ord. No. 743, § 3, 3-21-2017)

If the actual operation of a nonconforming use of a building ceases for a continuous period of six months, unless the legal owner can establish valid proof to the contrary, such cessation of the nonconforming use shall be considered abandonment. Without further action by the planning commission, the building and the land on which the building is located shall be subject to all the regulations specified by this title for the district in which such land and building are located.

(Ord. No. 743, § 3, 3-21-2017)

A.

Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations or additions are made and provided that such work does not exceed 25 percent of actual value in any one-year period.

B.

Subsection (A) shall not be applicable to any structure and parcel of land contained in any official target area or amendment thereto adopted as a part of the development services block grant housing program for which funds from the program will be loaned, granted, or otherwise used to maintain, repair or reconstruct such residential structure.

(Ord. No. 743, § 3, 3-21-2017)

A.

Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date of the ordinance codified in this title. "Actual construction" means the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases, "actual construction" work shall be diligently carried on until the completion of the building or structure involved.

B.

The foregoing provisions shall also apply to nonconforming uses in districts extended and in new districts created after the effective date of the ordinance codified in this title.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.70 - DEVELOPMENT AGREEMENTS