The lawful use of any building or of any lot existing at the time of the enactment of an ordinance codified in the land use code, which use is not in compliance with the land use code, may be continued as a nonconforming use except as set forth in this chapter.

A nonconforming use in existence as of the date of the enactment of an ordinance prohibiting, conditioning, restricting or limiting such use shall not thereafter be expanded or enlarged. A nonconforming structure may be altered, enlarged or expanded; provided such alteration, enlargement or expansion is in conformity with the provisions of the land use code; and such alteration, enlargement or expansion does not increase, expand, enlarge, or result in the aggravation of its nonconforming feature or features.

(a)

Repairs. Any nonconforming structure may be repaired whenever such repairs are necessary to the convenient use and efficient operation of such structure, whether due to normal upkeep and maintenance needs.

(b)

Replacement. A nonconforming structure that is involuntarily damaged or destroyed in any manner may be reconstructed substantially as it previously existed. Any expansion or extension of such structure shall be subject to the standards governing expansions, alterations and enlargements in section 18.11.020. Nothing is this subsection shall be deemed to permit the reconstruction or reestablishment of all or any part of a nonconforming use that has been voluntarily demolished, damaged or destroyed.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Editor's note— Ord. No. 2019-06, § 1(Exh. A), adopted Aug. 13, 2019, amended § 18.11.030 in its entirety to read as herein set out. Former 18.11.030 pertained to repairs.

When any nonconforming use has been discontinued for a period of 12 months, regardless of any intent to resume operations or if the use is discontinued as a result of a change in ownership of the property, such use shall not thereafter be resumed and any future use of the premises shall be in conformance with the provisions of the land use code. Notwithstanding the foregoing, a nonconforming use in need of repairs or involuntary replacement may be discontinued for more than 12 months and shall not be deemed to be discontinued pursuant to this section provided that a building permit is issued within 12 months from the event that caused the need for the repair or replacement and the repair or replacement is completed within 12 months from issuance of the building permit.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Any lawful nonconforming use existing as of January 25, 2022 within a multifamily zone district may convert to a single-family dwelling unit and such residential use shall be considered a one-time "nonconforming use" for purposes of this chapter, and thereafter be subject to the same rights and limitations as other nonconforming uses. No such eligible non-conforming use within a multi-family zone district that converts to a single-family dwelling unit shall thereafter be allowed to convert to another non-conforming use.

(Ord. No. 2022-02, § 1, 1-25-22)