Except as otherwise provided, the use of a building, structure, premises or land lawfully existing at the time of the effective date of the ordinance codified in this title or at the time of a change in the official zoning maps may be continued and maintained in reasonable repair, although such use does not conform with the provisions of this title.

(Ord. 415 § 7.135.010, 2002)

Nothing in this title shall require any change in the plans, construction, alteration or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of the ordinance codified in this title, provided the structure is completed within two years from the issuance of the development permit.

(Ord. 415 § 7.135.020, 2002)

As used in this section, alteration of a nonconforming use or structure includes a change in use of structure of no greater adverse impact to the neighborhood. Expansion of nonconforming structures may be allowed by the Planning Commission subject to the following:

A.

The applicant shall demonstrate that such expansion will not result in any greater adverse impact upon other property than is currently the case;

B.

There shall be no increase in nonconformity with dimensional requirements as a result of the expansion;

C.

Only one such expansion shall be permitted;

D.

No expansion shall result in a structure with a footprint greater than one hundred twenty-five (125) percent of the original structure;

E.

There shall be no new structures permitted for existing nonconforming uses;

F.

The nonconformity shall not be expanded onto any property which is not now part of one contiguous tract in common ownership, or which was not part of such a contiguous tract in common ownership on December 27, 1988;

G.

In allowing such an expansion, the Planning Commission may impose all such conditions and requirements as may be reasonably necessary to assure that there shall be no increase in the adverse impact of such nonconforming use upon other property within the district;

H.

Nothing in this title shall be deemed to preclude the strengthening or restoring to a safe condition any building or part thereof found to be unsafe by any official charged with protecting the public or to prohibit ordinance repairs provided that the volume of the building and the land area occupied by such building remain the same as that which existed on December 27, 1988;

I.

Approval of an alteration of nonconforming uses or structures shall be conditioned upon compliance with all applicable local, county, state, and federal licensing requirements.

(Ord. 488, § 2(Exh. A), 2019; Ord. 462 § 1, 2011; Ord. 415 § 7.135.030, 2002)

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent greater than sixty (60) percent of the replacement value using new materials, a future structure or use on the property shall conform to the provisions of this title except that single-family residential uses may be rebuilt by right, provided such reconstruction is completed within two years of its destruction.

(Ord. 415 § 7.135.040, 2002)

A.

Except for single-family residential uses which shall be continued by right, if a nonconforming use involving a structure is discontinued from active use for a period of one year, further use of the property or structure shall be a conforming use, except as provided in subsection C of this section.

B.

If a nonconforming use is discontinued for a period of one year, further use of the property shall be a conforming use.

C.

A previous nonconforming use may be reinstated pursuant to the same standards and procedures as required for allowance of a conditional use and the criteria in Section 16.62.060 upon application filed within three years following the last date such nonconforming use was lawfully in operation.

D.

If a building was unoccupied on December 27, 1988, the last use of evidence shall be considered its use of record and the one-year period of discontinuance shall commence on December 27, 1988.

(Ord. 415 § 7.135.050, 2002)

When reviewing any request to restore a nonconforming use, in addition to the other applicable criteria, it shall be determined that all of the following are found to exist:

A.

The nature and character of the proposed use are substantially the same as that for which the structure was originally design;

B.

There is no material difference in the quality, character, intensity or degree of use;

C.

The proposed use will not prove materially adverse to surrounding properties.

(Ord. 415 § 7.135.060, 2002)

The granting of any such approval shall not be deemed as providing any exception to all other state and local codes such as, but not limited to, fire and life safety, building or comprehensive plan implementing ordinances.

(Ord. 415 § 7.135.070, 2002)