Nonconforming uses and nonconforming structures may be continued only in compliance with, and so long as permitted by, the provisions of this chapter.

(Ord. 478 § 2(part), 2003).

A.

A. nonconforming use shall not be changed to or replaced by another nonconforming use.

B.

A nonconforming use which is changed to or replaced by a conforming use shall not be re-established. Where any portion of a nonconforming facility is changed from a nonconforming use to a conforming use, such portion shall thereafter only be used for a conforming use.

(Ord. 478 § 2(part), 2003).

A.

Except as otherwise provided in subsection B. of this 17.38.030 and Section 17.38.110 of this chapter, a nonconforming use may not be enlarged, expanded or intensified. This prohibition shall include any enlargement, expansion or intensification of a nonconforming use which:

1.

Increases the site area or floor area occupied by the nonconforming use; or

2.

Increases the amount, volume, or intensity of nonconforming business use, or the machinery, equipment, trade fixtures or other personal property utilized in the conduct of such use; or

3.

Displaces any conforming use occupying a structure or site.

B.

Nonconforming residential uses located in the R-1, R-2, R-3 or R-BA district may be enlarged or expanded upon the granting of a use permit by the planning commission pursuant to Chapter 17.40 of this title. In addition to the findings required by Chapter 17.40, the planning commission shall also find and determine that:

1.

Parking spaces in accordance with the requirements set forth in Chapter 17.34 of this title will be provided for the nonconforming use and all other uses on the site.

2.

Any expansion of the nonconforming facility will comply with all applicable development standards for the district in which the site is located, including, but not limited to, floor area ratio, setbacks, height, and coverage limitations.

3.

The nonconforming facility will comply with all applicable provisions of the building, health and fire codes.

4.

The nonconforming use will comply with such other conditions and requirements which, in the judgment of the planning commission, are necessary or appropriate to mitigate any potential adverse impacts of the expansion on the neighborhood.

Note. A single-family dwelling on a lot of record in an R-1, R-2, R-3, or R-BA district having less than the minimum lot area prescribed by the applicable district regulations, shall constitute a conforming use and may be enlarged or expanded subject to the development standards of the applicable district and the limitations set forth in Section 17.32.055 of Chapter 17.32 of this title.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 26, 10-15-20)

A.

Nonconforming facilities may be continued, maintained and repaired so as to protect the health and safety of the occupants and preserve the useful life of the structure.

B.

Nonconforming facilities may be remodeled and the interior reconfigured so long as there is no enlargement, expansion, or intensification of the nonconforming use, except as otherwise permitted by subsection B. of Section 17.38.030.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 27, 10-15-20)

A.

Whenever a nonconforming nonresidential use has been abandoned, such use shall not be resumed or re-established and all subsequent uses of the site shall conform with the requirements of this title. Discontinuance of a nonconforming nonresidential use for a period of one hundred twenty (120) consecutive days or more shall conclusively be presumed an abandonment of such use; provided, however, discontinuance under any of the following circumstances shall not be considered an abandonment of the use:

1.

Any discontinuance of use in connection with a pending sale or other transfer of ownership or management of the nonconforming use to a designated person or persons and the discontinuance of use is solely for the purpose of accomplishing the sale or transfer.

2.

Any discontinuance of use during a reasonable period of reconstruction or replacement of the damaged or destroyed nonconforming facility, where such reconstruction or replacement is permitted under the provisions of Section 17.38.060.

3.

Any other circumstance found by the planning commission to have been beyond the reasonable control of the person conducting the use, and such person commences the activity necessary for re-establishment of the use and prosecutes the same diligently to completion.

B.

A nonconforming residential use may not be reestablished if the nonconforming facility has been modified to remove the features of residential occupancy.

(Ord. 478 § 2(part), 2003).

A nonconforming facility which is damaged or destroyed may be reconstructed or replaced for continued occupancy by the nonconforming use or uses previously conducted therein, subject to the following limitations:

A.

The site area or floor area occupied by the nonconforming use, and the intensity of activity conducted by the nonconforming use, subsequent to reconstruction or replacement of the facility shall not exceed that existing prior to the damage or destruction of the facility, except as otherwise permitted by subsection B. of 17.38.030.

B.

The reconstructed or replaced facility shall comply with all of the applicable regulations of this title, other than the use of the structure, and all applicable provisions of the building, health, and fire codes.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 28, 10-15-20)

Nonconforming structures may be maintained and repaired so as to protect the health and safety of the occupants and preserve the useful life of the structure.

(Ord. 478 § 2(part), 2003).

A.

A nonconforming structure shall not be altered, enlarged, or expanded so as to increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of this title.

B.

Structural alterations may be permitted when necessary to comply with the requirements of law.

C.

The prohibitions of this section shall not apply to any alteration, enlargement or expansion for which a variance is granted pursuant to Chapter 17.46 or to which a use permit is granted pursuant to Chapter 17.34 and 17.40 of this title.

(Ord. 478 § 2(part), 2003).

(Ord. No. 576, § 7, 5-19-16; Ord. No. 653, § 29, 10-15-20)

A.

Damage of Less Than Seventy-Five Percent (75%). A nonconforming structure used for residential purposes which is damaged or destroyed by fire, flood, wind, earthquake, or other natural disaster to the extent of less than seventy-five percent (75%) of its floor area may be repaired, restored or reconstructed to its original size and configuration. All new construction, restoration and replacement shall comply with all applicable provisions of the building, health and fire codes.

B.

Damage of More Than Seventy-Five Percent (75%). A nonconforming structure used for residential purposes which is damaged or destroyed by fire, flood, wind, earthquake, or other natural disaster to the extent of seventy-five percent (75%) or more of its floor area may be repaired, restored or reconstructed provided that all of the following conditions are satisfied:

1.

The total floor area of the restored structure shall not be greater than the total floor area of the original structure.

2.

The total number of dwelling units in the restored structure shall not be greater than the total number of dwelling units in the original structure.

3.

The front, side and rear setbacks of the restored structure shall not be less than the setbacks of the original structure.

4.

The number of off-street parking places shall not be reduced from the number available prior to the restoration.

5.

The new construction, restoration and replacement shall comply with all applicable provisions of the building, health and fire codes.

C.

Mixed Use Structure. A nonconforming structure containing both residential and nonresidential uses may be restored in accordance with the provisions of this section where the residential uses constitute more than fifty percent (50%) of the floor area of the entire structure.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 30, 10-15-20)

A.

Nonconforming nonresidential structures which are damaged or destroyed may not be reconstructed or replaced, except as follows:

1.

When the entire structure is reconstructed or replaced as a conforming structure.

2.

Where the damage or destruction affects only a portion of a nonconforming structure, which portion does not constitute or contribute to the noncompliance, such portion may be reconstructed or replaced to its previous configuration.

3.

Where the damage or destruction affects only a portion of a nonconforming structure, which portion constitutes or contributes to the noncompliance and does not exceed fifty percent (50%) of the floor area of the entire structure, such portion may be reconstructed or replaced to its previous configuration.

B.

Except as permitted by this section with regard to restoration of a structure to its previous configuration, all reconstruction and replacement shall comply with the provisions of this title and all applicable provisions of the building, health and fire codes.

(Ord. 478 § 2(part), 2003).

A.

Nonconforming single-family, duplex, or multiple-family uses may be expanded to accommodate accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.43 of this title.

B.

A nonconforming structure may be rebuilt in the same location and to the same dimensions, including height, as the existing structure and converted to an accessory dwelling unit pursuant to Chapter 17.43 of this title.

(Ord. No. 653, § 31, 10-15-20)