A. Any part of a structure occupied by an existing legally established and continued nonconforming use may be changed to a use which, in the opinion of the planning director, is of the same or of a more restrictive nature. When the use of a nonconforming structure is hereafter changed to a more restrictive use, the structure shall not thereafter be used for a less restrictive use.

B. There may be a change of tenancy, ownership or management of any existing legally established and continued nonconforming use provided there is no change in the nature or character of such nonconforming use except as authorized within this chapter. (Ord. 4229 § 2, 1987.)

A. Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include but is not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions.

B. No structural alterations, as defined by the Uniform Building Code, shall be made except as required by law or ordinance; provided, that the cost of such work shall not exceed 50 percent of the assessed valuation of such structure as established by the most current county assessor’s tax roll.

C. A nonconforming structure having been damaged or partially destroyed to an extent not exceeding 50 percent of the assessed valuation of such structure as established by the most current county assessor’s tax roll, may be restored to its original condition, as authorized by the city’s building official, and its immediately preceding or existing use at the time of partial destruction may be continued or resumed. Restoration shall begin within one year and be completed within two years of the date of partial destruction. If restoration is not started within one year, then the reuse and occupancy of the structure shall conform to all the regulations of the district in which the use is located.

D. Structures or lands which are nonconforming as to use regulations shall not be enlarged or intensified in any manner unless the enlargement within such structures or lands conforms to all regulations of the district in which it is located. A nonconforming use, within a nonconforming structure, shall not expand into any portion of the nonconforming structure.

E. Structures which are nonconforming as to percentage of site coverage, setbacks, building height or density shall not be enlarged unless such enlargement conforms to the regulations of the district in which it is located.

F. Nonconforming residential structures are allowed to provide maintenance, alterations and additions which may exceed the requirements of this chapter; provided the total number of dwelling units does not increase and all other development standards of the district are complied with.

G. This chapter shall not prevent the following provided the total value of the improvements, over the lifetime of the nonconforming use, does not exceed 50 percent of the assessed value of the nonconforming use as established by the most current county assessor’s tax roll; and, the nonconforming use or structure is not expanded except as allowed by subsection H of this section; provided further, that any replacement of a nonconforming structure, or parts thereof, must comply with the appropriate development standards unless a special exception is granted pursuant to ACC 18.70.020:

H. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted by means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020 to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of the ordinance codified in this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city.

This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized administrative use permit, conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner.

This section also does not allow the expansion of any nonconforming hazardous material storage.

I. When a building or structure is moved to another location it must then be made to conform to the requirements of the district to which it is moved, unless specifically allowed elsewhere by this title.

J. Nonconforming single-family residential homes and their accessory structures may be replaced and the new structure shall either meet the development standards of the district in which the home is located or the new structure shall not be more nonconforming than the previous use. All other applicable building and fire code requirements must be complied with. (Ord. 6269 § 21, 2009; Ord. 5170 § 1, 1998; Ord. 4705 § 2, 1994; Ord. 4304 § 1(43), 1988; Ord. 4229 § 2, 1987.)

A. If a nonconforming use is discontinued and changed to a conforming use, any future use of the structure or land shall be in conformity to the regulations of the district in which structure or land is located;

B. Any structure or portion of a nonresidential structure, or parcel of land occupied by a nonconforming use which becomes vacant and remains unoccupied for a continuous period of 180 days shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. Residential uses in commercial or industrial zones which are unoccupied for more than 180 days may be allowed to reoccupy if a special exception is issued pursuant to ACC 18.70.020;

C. If a nonconforming structure sustains damage or destruction which exceeds 50 percent of the current assessed valuation of the structure as established by the county assessor’s office. Reconstruction of such damaged structure or reuse of occupancy shall conform to all regulations of the district in which it is located and it shall be treated as a new building. This subsection shall not apply to single-family dwellings. (Ord. 5170 § 1, 1998; Ord. 4229 § 2, 1987.)