1. Nonconforming Uses.
   1. Any nonconforming use, as defined in Section 19.08.030, may be continued indefinitely, but if such use is discontinued or abandoned for a period of six months or more, it shall thereafter conform to the provisions of this title.
   2. Any nonconforming use may be changed, altered, or maintained only as provided in this chapter or as otherwise provided by law.
2. Noncomplying Facilities.
   1. Any noncomplying facility, as defined in Section 19.08.030, may be maintained indefinitely subject, however, to the requirements of Title 16 relating to unsafe, dilapidated and abandoned buildings, facilities containing toxic materials, unreinforced masonry buildings, and other provisions of that title which are intended to protect the health and safety of the public. Notwithstanding the above, a noncomplying facility may not be maintained as either a public or private nuisance.
   2. Any noncomplying facility may be enlarged, maintained, or replaced only as provided in this chapter or as otherwise provided by law.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

1. A nonconforming use may not be expanded in such a way as to increase the site area, or gross floor area occupied by such use on a site, nor may a nonconforming use increase the number of structures or the size or height of any structure housing such use. A nonconforming use which occupies a portion of a building may not be expanded to include additional floor area.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

1. Except as provided in subsection B of this section, a nonconforming use shall not be changed to any use except to a conforming use.
2. A nonconforming use may be changed to any other nonconforming use which would have been permitted under the most recent zoning classification of the property under which the existing nonconforming use was a conforming use subject to the following limitations:
   1. The change shall not increase the site area or gross floor area occupied by the existing nonconforming use nor increase number of structures or the size or height of any structure housing such use;
   2. Any period of temporary vacancy or discontinuance associated with such change shall not exceed six months;
   3. Such change shall be permitted only if the Director determines that the building, or portion thereof, presently occupied by the nonconforming use is not readily usable as a conforming use. In making this determination, the Director may take into account the time factors described in Section 19.140.010(A)(1);
   4. Such change shall not create, cause, or significantly increase adverse privacy, noise, parking, traffic, or similar impacts with respect to other uses or neighboring properties.
3. A nonconforming use which is changed to a conforming use, shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a nonconforming to a conforming use, shall not thereafter be used except to accommodate a conforming use.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

Facilities occupied or used by a nonconforming use shall be subject to the following provisions governing maintenance and repairs:

1. Normal and routine maintenance of any structure for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation or for the purpose of complying with the requirements of law, shall be permitted;
2. Incidental alterations shall be permitted, provided that the value of the alterations in any one-year period do not exceed ten percent of the value of the structure prior to such alterations;
3. Alterations of the facility which exceed ten percent of the value as described above shall only be permitted to accommodate a conforming use, or when made as a requirement of law.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

A facility used wholly or partly by one or more nonconforming uses, which is damaged or destroyed by any except by intentional acts of the owner and/or tenant of the property may be reconstructed for continued occupancy by said nonconforming use or uses provided that:

1. The site area, the gross floor area, the number, size or height of the facilities occupied by the nonconforming use, or the intensity of activity, shall not exceed that existing prior to reconstruction;
2. The reconstruction shall be subject to all applicable laws, regulations, codes and procedures otherwise governing construction on the site.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

Except as specifically permitted by other provisions of this title, no enlargement, expansion or other addition or improvement to a noncomplying facility shall be permitted which increases the noncompliance. This section shall not be construed to prohibit enlargement or improvement of a facility, otherwise permitted by this title, which does not affect the particular degree or manner in which the facility fails to comply with one or more provisions of this title.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

1. Normal and routine maintenance of a noncomplying facility shall be permitted for the purpose of preserving its existing conditions, retarding or eliminating wear and tear or physical depreciation, or for the purpose of complying with the requirements of law.
2. Incidental alterations to a noncomplying facility shall be permitted, provided such alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this title.
3. Structural alterations to a noncomplying facility shall be permitted when necessary to comply with the requirements of law, or to accommodate a conforming use when such alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirement of this title.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

1. Notwithstanding any contrary provision of this chapter, any facility which houses a conforming use in any residential or agricultural zone in the City, which is damaged or destroyed by any means other than the willful action of the owner or tenant, may be replaced as it existed prior to such damage or destruction even if the facility is nonconforming with regard to minimum lot area, lot coverage, setbacks, parking or other prescriptive zoning requirements.
2. Except as provided in Section 19.140.080(A), a noncomplying facility which is damaged or destroyed by any means, may only be reconstructed as a complying facility except under one, or more, of the following circumstances:
   1. When the damage or destruction of a noncomplying facility affects only a portion of a facility, which portion does not constitute or contribute to the noncompliance, the portion may be repaired or reconstructed to its previous configuration;
   2. When the damage or destruction of a noncomplying facility affects only a portion of such facility, which portion constituted or contributed to the noncompliance, any replacement to such damage shall be accomplished in such a manner as not to reinstill the noncompliance caused by the damaged portion of the facility, and otherwise in full compliance with law; provided, however, that in the event that the cost to replace that portion of the damaged facility to its previous configuration does not exceed ten percent of the value of the entire facility prior to the damage, then that portion may be replaced or reconstructed to its previous condition;
   3. When the damage or destruction of a noncomplying facility is noncomplying solely by reason of failure to comply with regulations for floor area ratio and/or site coverage, and such noncompliance does not exceed the maximum floor area ratio by more than a factor of ten percent and the maximum site coverage by more than ten percent, and affects only a portion of the facility, then that portion may be replaced or reconstructed to its previous condition.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

Value, as used in this chapter with respect to value of a facility, or to the value of improvements on a site, or to the value of reconstruction or replacement, means the current cost of construction, or the current cost of replacement in kind of existing facilities or improvements, excluding consideration of the value of land. Estimates or determinations of such cost for purposes of this chapter shall be made by or shall be reviewed and approved by the Chief Building Official.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

The Director of Community Development shall maintain a list of all nonconforming uses and all noncomplying buildings of which he or she has knowledge which exist within the City except those properties in a multifamily residential zoning district. The list shall state the nature of the nonconformity or noncompliance and date discovered by the City.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

1. Failure to comply with any of the requirements of this chapter shall render an otherwise valid, nonconforming use unlawful. Proceedings to determine the status of such nonconforming use shall be held at the request of the Director of Community Development, before the Planning Commission under the same procedures as described in Chapter 19.12.
2. The Planning Commission may declare a nonconforming use unlawful if it finds that one or more of the following grounds exist:
   1. That the nonconforming use is being or has been exercised contrary to the terms or conditions of the original approval; or
   2. That the nonconforming use is so exercised as to be detrimental to the public health or safety, or to be a nuisance; or
   3. That a person has modified a nonconforming use in violation of any of the provisions of this chapter.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

All determinations and decisions of the Planning Commission or the Director of Community Development under this chapter may be appealed in accord with the provisions in Chapter 19.12.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)