Sec. 26-177. - Continuation of legal nonconforming uses.

The following shall apply to all nonconforming uses existing at the effective date of this division or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.

(a)

Any nonconforming use within and/or in conjunction with a conforming structure may be continued and maintained except as otherwise provided in this division, and further provided:

(1)

There is no enlargement, alteration, addition or expansion of any portion of the structure in which the nonconforming use is situated, except for such repair as may be necessary for structural integrity or safety, or such alteration as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee.

(2)

There is no addition to, nor intensification of, the nonconforming use.

(3)

There is no addition to, nor change to, any other nonconforming use.

(4)

The nonconforming use is maintained in compliance with the health and safety codes and other titles of the City code and ordinances.

(5)

The nonconforming use shall terminate if it is discontinued for a period of one hundred twenty (120) consecutive days or more.

(6)

A nonconforming use may be changed to another use if the proposed use is permitted in the zone in which the existing nonconforming use is situated and all requirements of this code in effect at the time of the proposed change in use are satisfied. Once changed, said nonconforming use may not be reestablished.

(7)

If the structure in which the nonconforming use is situated is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within one hundred twenty (120) days of completion of repair or reconstruction of the structure in which it was situated.

(b)

Any nonconforming use within and/or in conjunction with a nonconforming structure may be continued and maintained, so long as it complies with the provisions of subsection A of this section, and as otherwise provided in this subsection, and further provided:

(1)

If the nonconforming structure in which the nonconforming use is situated in is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within one hundred twenty (120) days of completion of repair or reconstruction of the structure in which it was situated.

(2)

A nonconforming use located in a nonconforming structure may be changed to another use if:

a.

The proposed use is permitted in the zone in which the existing use is situated;

b.

The proposed use will not require any enlargement nor alteration of the structure occupied by the proposed use; and

c.

The parking requirements in effect at the time of the change for the proposed use are satisfied.

(3)

The change of a nonconforming use situated in a nonconforming structure to a conforming use shall not extend the termination date of the nonconforming structure as provided in this subsection, nor in any subsequently adopted ordinance or regulation.

(4)

The nonconforming use shall terminate if it is discontinued for a period of one hundred twenty (120) consecutive days or more.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 36, 37, 3-18-25)

DIVISION 6. - ABATEMENT AND EXTENSION OF NONCONFORMING USES, STRUCTURES AND PARCELS