A.

Use of Nonconforming Sites. A site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located, but which is shown on a duly approved and recorded subdivision map or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance codified in this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district, but shall be subject to all other regulations for such district.

B.

Nonconforming Uses and Structures.

1.

Purposes. A nonconforming use is one which was lawfully established and maintained prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, reestablishment after abandonment, and restoration after destruction.

2.

A nonconforming structure is one which was lawfully erected prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the conditions of coverage, yard spaces, height of structures, distance between structures, or other standards prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by regulating their being moved, altered, or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed and by regulating their restoration after destruction.

3.

Alterations and Additions to Nonconforming Uses and Structures. Except as provided in this title or as required by law, no structure, the use of which is nonconforming, shall be moved, altered or enlarged unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards prescribed for the district in which the structure is located.

4.

Change of Use. Except as otherwise prescribed in this section, the nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved pursuant to Section 17.08.050.

5.

Abandonment of Nonconforming Use. Whenever a nonconforming use has been abandoned or discontinued, the following schedules shall apply for reestablishment of the nonconforming use:

a.

For a continuous period of less than six months, the nonconforming may be reestablished pursuant to Section 17.08.090(L);

b.

For a continuous period greater than six months but less than one year, the nonconforming use may be reestablished pursuant to Section 17.08.050 as a minor conditional use permit;

c.

For a continuous period of at least one year but not greater than two years, the nonconforming use may be reestablished pursuant to Section 17.08.050 as a major conditional use permit;

d.

If the nonconforming use had been abandoned or discontinued for a continuous period of greater than two years, or has been changed to a conforming use for any period of time, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

6.

Restoration of Damaged Structure. Whenever a nonconforming use or structure is destroyed by fire or other calamity, by an act of God, or by the public enemy to the extent of less than sixty (60) percent of the value of the structure, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within the applicable time limit detailed within subsection (5) herein and diligently pursued to completion. Whenever a nonconforming use or structure is so destroyed or damaged to the extent of sixty (60) percent or more, or is razed, either voluntarily or as required by law, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. The extent of damage to any structure or use shall be as determined by the building official.

7.

Elimination of Nonconforming Uses and Structures.

a.

When a nonconforming use is removed, at or before the end of the time period specified in subsection (5) herein, every future use shall be in conformity with the provisions of this title.

b.

Continuing Nonconforming Uses or Structures. Nothing in this title shall be construed to exempt a use or structure which became nonconforming under the provisions of a previous ordinance and which continues to be nonconforming under the provisions of this title. Such continuing nonconforming uses or structures shall be discontinued or eliminated within the schedule and under the provisions of this ordinance.

C.

All bars existing within a commercial district on or before August 14, 1984, will be allowed to continue business despite being within five hundred (500) feet of a church, school or other bar. However, if after August 14, 1984, such bar ceases to operate as a bar then it will have to qualify as a new establishment in order to operate again as a bar.

D.

Existing Conditional Uses. Any existing structure or use which is a conditional use in the district in which it is located shall be considered as a permitted use for the purposes of this title; provided, however, that any expansion, alteration or change of such use or structure shall be subject to Section 17.08.050 of this code.

(Prior code § 13.21.009)

(Ord. No. 14-02, § 13, 2-11-2014)