The regulations set forth in Sections 17.76.020 through 17.76.060 shall apply to all nonconforming uses of property not in violation of any ordinance or law at the time this title or any amendment hereto becomes effective.

(Ord. 177 § 2(part), 1966: prior code § 9372 (part)).

A lawful nonconforming use may be continuously maintained; provided, there is no alteration or addition to any structure nor any enlargements of area, space or volume occupied by or devoted to such use, except as otherwise provided in this chapter.

(Ord. 177 § 2 (part), 1966: prior code § 9372(1)).

A.

Ordinary repairs and maintenance not exceeding an aggregate cost of fifty percent of the then assessed value of the building or structure may be made to a nonconforming structure upon compliance with the provisions of this code relating to building regulations.

B.

Where any part of a building or structure is taken for any public use, the remainder thereof may be repaired, reconstructed or remodeled, notwithstanding any other provision of this chapter, in order to render the same usable.

(Ord. 177 § 2(part), 1966: prior code § 9372(2)).

No addition, enlargement or expansion of any lawful nonconforming building or structure shall be permitted, except to the extent required to obtain compliance with the provisions of this code.

(Ord. 177 § 2(part), 1966: prior code § 9372(3)).

A.

Any lawful nonconforming building or structure which is damaged or partially destroyed by fire, explosion, act of God, act of public enemy, collapse or any other casualty or calamity, to the extent that the cost of restoration to the condition in which it was immediately prior to the occurrence of such damage or destruction, may be reconstructed; provided, the reconstruction cost does not exceed one and one-half times the then assessed value of the entire structure based on the current assessment roll in effect immediately prior to the occurrence of damage or destruction; provided, that all such construction or repairs shall be completed within one year from date of damage. Such repair shall not extend the termination date of such structure as specified by Sections 17.76.070 through 17.76.110.

B.

In determining the allowable reconstruction cost of any lawful nonconforming building or structure, there shall not be included therein the cost of land or any factors other than those concerning the nonconforming building or structure itself.

(Ord. 177 § 2(part), 1966: prior code § 9372(4)).

While a lawful nonconforming use exists on any lot or parcel of land, no new use may be established thereon.

(Ord. 177 § 2(part), 1966: prior code § 9372(5)).

Any of the conditions set forth in Sections 17.76.080 through 17.76.110 shall immediately terminate the right to operate or maintain a lawful nonconforming use.

(Ord. 177 § 2(part), 1966: prior code § 9373(part)).

The violation of any applicable law shall immediately terminate the right to operate or maintain a lawful nonconforming use.

(Ord. 177 § 2(part), 1966: prior code § 9373(1)).

The following shall immediately terminate the right to operate or maintain a lawful nonconforming use:

A.

Changing a nonconforming use to another nonconforming use, except as otherwise herein provided; or

B.

Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use, except as otherwise herein provided; or

C.

Change of a lawful nonconforming use to a conforming use shall terminate the prior status.

(Ord. 177 § 2 (part), 1966: prior code § 9373(2)).

Discontinuance of a lawful nonconforming use for a period of six months shall terminate the right to continue such use; provided, if a quarry use ceases for a period of two years, the same shall be terminated.

(Ord. 177 § 2(part), 1966: prior code § 9373(3)).

The following lawful nonconforming uses, buildings or structures, shall be discontinued and removed from their sites within the times specified in this section, except when extended or revoked as otherwise herein provided:

A.

Where the property is unimproved, one year;

B.

Where the property is unimproved, except for structures of a type for which a building permit is not required under this code, three years;

C.

Where the property is unimproved, except for structures which contain less than one hundred square feet of gross floor area, three years;

D.

A lawful nonconforming use housed in a structure designed, or suitable, to serve a use permitted in the zone, five years;

E.

Trailer parks, five years;

F.

In all other cases twenty years plus such additional time so that the total life of the structure or improvement will be as follows:

1.

For light, incombustible-frame and wood-frame structures:

a.

Flats, apartments, and double bungalows, thirty years,

b.

Other dwellings, thirty-five years,

c.

Stores and factories, twenty-five years;

2.

For heavy timber construction and ordinary masonry structures:

a.

Apartments, offices, hotels and residences, forty years,

b.

Structures with stores below and residences, hotel or offices above, forty years,

c.

Warehouses, stores, garages, lofts, forty years,

d.

Factories and industrial buildings, fifty years;

3.

For fire-resistive structures:

a.

Apartments and residences, fifty years,

b.

Offices and hotels, fifty-five years,

c.

Theaters, sixty years,

d.

Warehouses, lofts, stores, garages, fifty years,

e.

Industrial, forty years;

4.

For quarries, twenty years; provided, however, that when fire-resistive structures are employed in connection with such uses, the entire premises may be used for quarry purposes for forty years.

(Ord. 177 § 2(part), 1966: prior code § 9373).

(Ord. No. 659, § 5, 8-8-12)

No lot in any zone in the city shall be nonconforming with the total lot area, or any required yard area, if it is reduced or diminished by reason of a street-widening project, involving dedication, purchase or other acquisition of such lot by the city.

(Ord. 177 § 2(part), 1966: prior code § 9374).