Any use other than those enumerated in Sections 17.78.070 and 17.78.080 existing on the effective date of the ordinance codified in this title, whether housed in a structure or existing outside of a structure, which does not comply or agree with uses permitted by this chapter at the location of such uses, is a nonconforming use. Such use shall be permitted to continue until such time as:

A.

A major portion (50 percent or more of appraised value) of any structure within which such use is conducted is destroyed by any cause;

B.

The use is discontinued or abandoned for a period of 365 days or more.

(Prior Code § 10-3.2201)

In event of abandonment or discontinuance of a nonconforming use for a period of 365 days or more, the structure housing such nonconforming use shall not be used again except for the use permitted in the zone wherein such structure is located and then only if the structure meets all requirements of the building code for structures designed for such conforming uses.

(Prior Code § 10-3.2202)

Repairs and alterations may be made to a nonconforming building provided that in a building or structure which is nonconforming as to use regulations, no structural alteration shall be made except those required by law or ordinance.

(Prior Code § 10-3.2203)

A building nonconforming as to use regulations shall not be added to or enlarged in any manner unless such building, including such additions and enlargements, is made to conform to all of the regulations of this chapter pertaining to the land use district in which it is located.

(Prior Code § 10-3.2204)

A nonconforming use of a building, conforming to the use regulations, shall not be expanded or extended into any other portion of such building or changed except to a conforming use. If such a nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building or portion thereof shall be in conformity with the regulations of the land use district in which such building is located.

(Prior Code § 10-3.2205)

A.

Nonconforming uses existent on October 8, 1956, shall not be expanded or extended except as to make the use conform to the provisions of this chapter; provided, how ever, that nonconforming commercial or professional uses in residential land use districts may, upon petition of the owner thereof, or his duly authorized agent, be granted conditional use status, with such conditions as to modifications, expansion, extension or use attached thereto as may be deemed essential to protect the abutting residential areas. Such use permit may be granted by the council on the recommendation of the Planning Commission. Conditional use status may be granted only to those nonconforming uses which, after a public hearing notice in the manner required by Chapter 17.84, are found by the Planning Commission not to have an adverse or blighting effect on the neighborhood in which they are located and which are not in conflict with the spirit of this chapter.

B.

The granting of a use permit for such nonconforming uses shall be further subject to the adopted Residential, Commercial & Industrial design guidelines as described elsewhere in this title. As a condition of architectural control approval, the Community Development Director or designee, or Planning Commission, as the case may be, may require alterations of the structure, extension of landscaping and shrub planting to a degree which would best integrate the nonconforming commercial or professional use into the residential district of which it is a part.

C.

Existing nonconforming uses may be reconstructed, repaired or enlarged.

(Prior Code § 10-3.2206; Ord. CS. 805, 8-12-2002; Ord. CS 1059, § 1, 3-27-2023)

Mobile homes, travel trailers, camp cars and campers lawfully located within the City immediately prior to the effective date of Sections 17.12.160 through 17.12.180 may be maintained for 12 months, although existence of such mobile home, travel trailer, camp car and camper does not conform to the provisions of Sections 17.12.160 through 17.12.180; provided that all such nonconforming mobile homes, travel trailers, camp cars and campers shall be relocated or removed from such nonconforming location not later than 12 months from the effective date of Sections 17.12.160 through 17.12.180.

(Prior Code § 10-3.2207)

Upon vacation of the military housing units within the City by active United States Air Force personnel, said units shall not be entitled to an occupancy permit until said unit, and the land upon which they are located are in full compliance with all the provisions of this title and all resolutions and ordinances adopted under the authority of this title.

Said facilities comprise approximately 1,000 residential units, bounded on the north by Bellevue Road, on the east by Buhach Road, and on the south by Juniper Avenue. These facilities are commonly known as Castle Vista and Castle Gardens.

(Ord. CS 726, 4-10-1995)