72 - NONCONFORMING USES
Sections:
The lawful use of a building existing at the time of the effective date of the ordinance codified in this title may be continued although such use does not conform to the provisions of this title. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. 986 (part), 1965: prior code § 26-20.1)
Whenever the use of a building becomes a nonconforming use through a change in this title or district boundaries, such use may be continued and, if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted classification, except as provided in Section 20.68.040.
(Ord. 986 (part), 1965: prior code § 26-20.2)
In the event that a nonconforming use of any building or premises is discontinued, or its normal operation stopped for a period of two years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
(Ord. 986 (part), 1965: prior code § 26-20.3)
Any change in, or expansion of, an existing nonconforming use shall require board of adjustment approval. The board of adjustment may issue a special use permit authorizing a change in or expansion of a nonconforming use, but only if the board determines that such change or expansion will not substantially affect the comprehensive plan and will not be more harmful or detrimental than the existing nonconforming use, in addition to meeting the findings of fact and conditions for granting a special use permit as outlined in Section 20.68.020, approval is also subject to the following:
(1)
For expansion of a structure, the expansion will meet the yard, height and percentage of lot coverage requirements of the district;
(2)
The appearance of the expansion will be compatible with the adjacent property and neighborhood;
(3)
Off-street parking is provided for the expansion that meets the requirements of Section 20.64.020.
(Ord. 986 (part), 1965: prior code § 26-20.4)
(Ord. No. 1934, § 3, 2-20-14)
When a building, the use of which does not conform to the provisions of this title, is damaged by fire, explosion, act of God or the public enemy, to the extent of more than eighty percent of its fair market value, it may only be restored upon the issuance of a permit by the board of adjustment as provided in Chapter 20.76. Such restoration must be at least equal to the condition of the building immediately before the damage occurred.
(Ord. 986 (part), 1965: prior code § 26-20.5)
A continuing nonconforming use or area in violation of the provisions of the zoning ordinance which the ordinance codified in this title supersedes shall not be validated by this title.
(Ord. 986 (part), 1965: prior code § 26-20.6)
72 - NONCONFORMING USES
Sections:
The lawful use of a building existing at the time of the effective date of the ordinance codified in this title may be continued although such use does not conform to the provisions of this title. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. 986 (part), 1965: prior code § 26-20.1)
Whenever the use of a building becomes a nonconforming use through a change in this title or district boundaries, such use may be continued and, if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted classification, except as provided in Section 20.68.040.
(Ord. 986 (part), 1965: prior code § 26-20.2)
In the event that a nonconforming use of any building or premises is discontinued, or its normal operation stopped for a period of two years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
(Ord. 986 (part), 1965: prior code § 26-20.3)
Any change in, or expansion of, an existing nonconforming use shall require board of adjustment approval. The board of adjustment may issue a special use permit authorizing a change in or expansion of a nonconforming use, but only if the board determines that such change or expansion will not substantially affect the comprehensive plan and will not be more harmful or detrimental than the existing nonconforming use, in addition to meeting the findings of fact and conditions for granting a special use permit as outlined in Section 20.68.020, approval is also subject to the following:
(1)
For expansion of a structure, the expansion will meet the yard, height and percentage of lot coverage requirements of the district;
(2)
The appearance of the expansion will be compatible with the adjacent property and neighborhood;
(3)
Off-street parking is provided for the expansion that meets the requirements of Section 20.64.020.
(Ord. 986 (part), 1965: prior code § 26-20.4)
(Ord. No. 1934, § 3, 2-20-14)
When a building, the use of which does not conform to the provisions of this title, is damaged by fire, explosion, act of God or the public enemy, to the extent of more than eighty percent of its fair market value, it may only be restored upon the issuance of a permit by the board of adjustment as provided in Chapter 20.76. Such restoration must be at least equal to the condition of the building immediately before the damage occurred.
(Ord. 986 (part), 1965: prior code § 26-20.5)
A continuing nonconforming use or area in violation of the provisions of the zoning ordinance which the ordinance codified in this title supersedes shall not be validated by this title.
(Ord. 986 (part), 1965: prior code § 26-20.6)