The purpose of this chapter is to establish regulations for the continuation of certain uses and structures which do not conform to the provisions of this title on the effective date of the ordinance from which this chapter is derived, or which become nonconforming as the result of subsequent amendments to this title.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.52.010)

Any word or phrase contained within this chapter followed by the symbol [SR] shall be subject to the definitions and the additional interpretive requirements provided in chapter 19.90. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.52.020)

A.

Authority to continue. Any nonconforming use [SR] of land, or of all or part of a structure [SR] may be continued subject to the provisions of this chapter.

B.

Operation. A nonconforming use shall be subject to the provisions of title 9 and any subsequent amendments thereto.

C.

Relocation. A nonconforming use shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming use complies with all of the regulations of the zoning district into which it relocates.

D.

Change in use. A nonconforming use of land shall not be changed to any other use except to a land use [SR], specifically enumerated in the list of permitted uses for the zoning district in which the land is located. A nonconforming use of a structure, which has not been abandoned may be changed to another nonconforming use, which is specifically enumerated in the list of permitted uses for the same zoning district in which the original use is listed as a permitted use, or it may be changed to a nonconforming use permitted in a more restrictive zoning district, provided that the associated structure is designed and intended for a use not permitted in the district in which it is located and subject to the provisions of chapter 19.70 and section 19.10.500.

E.

Expansion. A nonconforming use shall not be extended, expanded, enlarged or increased in any manner, including, but not limited to, the following:

1.

A nonconforming use shall not be expanded to any land area or structure not occupied by such nonconforming use on the effective date hereof including any use which is rendered nonconforming by a subsequent amendment to this title.

2.

A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date hereof including any use which is rendered nonconforming by a subsequent amendment to this title. A use permitted in the district in which it is located may expand in a nonconforming structure [SR].

F.

Structures. A structure which is designed and intended for a use permitted in the zoning district in which it is located and occupied by a nonconforming use may be maintained, repaired, altered, or enlarged, provided that the nonconforming use shall not be expanded, and provided that the maintenance, repair, alteration, or enlargement of the structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code.

G.

Abandonment. A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows:

1.

Where a nonconforming use of any land or structure is discontinued, or its normal operation is stopped for a period of one (1) year, there shall exist a rebuttable presumption that the nonconforming use was intended to be abandoned and the nonconforming use shall be discontinued.

2.

Where there is a change in use [SR], regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code.

(Ord. No. G68-99, § 7, 1999; Ord. No. G52-95, § 1, 1995; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.52.030)

A.

Authority to continue. Any nonconforming structure [SR] may continue subject to the provisions of this chapter.

B.

Relocation. A nonconforming structure shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming structure complies with all of the provisions of this title and Code.

C.

Maintenance, repair, alteration, and enlargement.

1.

A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired subject to compliance with all of the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code, but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located. Repairs may include the replacement of storage tanks, provided that the safety of the operation of the installation requires such replacement.

2.

A nonconforming structure which is nonconforming only with respect to the site design regulations [SR] for the zoning district in which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and the provisions of the other titles of this Code.

D.

Damage or destruction. In the event that any nonconforming structure is damaged or destroyed by any unintended means to the extent of more than fifty (50) percent of the fair market value of such structure immediately prior to such damage, the structure shall not be restored unless the structure, any accessory structures, and the principal and accessory uses thereof shall thereafter conform to all of the regulations of the zoning district in which they are located and to the provisions of the other titles of this Code.

In the event that the damage or destruction to such structure is less than the aforementioned criterion, the structure may be restored and used for the same purposes as it was before the damage or destruction, provided that such restoration is completed within twelve (12) months of the date of the damage or destruction.

The methodology for determining the extent of damage with regard to fair market value shall be as approved by the development administrator.

A nonconforming structure which is nonconforming only with respect to the site design regulations for the zoning district in which it is located and the nonconforming structure experiences such damage or destruction to the extent of more than fifty (50) percent of the fair market value, the nonconforming structure may be restored as it was prior to the damage or destruction, subject to conformance to chapter 19.45, provided that such restoration is completed within twelve (12) months of the date of the damage or destruction.

(Ord. No. G52-95, § 2, 1995; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.52.040)

Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this chapter may be appealed subject to the provisions of chapter 19.75.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.52.050)