A.

When a lot, structure or use legally exists prior to the adoption of the ordinance codified in this title but does not meet the requirements of this title, it shall be permitted to continue within the limits set forth in this chapter. Under such circumstances, it is said to have nonconforming status.

B.

There are three types of nonconforming status:

1.

Nonconforming Lots. The lot width or acreage is smaller than the minimum permitted in the zone in which it is located.

2.

Nonconforming Structure. The structure is designed to accommodate a nonconforming use or fails to meet yard, coverage, height or other development requirements established for the zone in which it is located.

3.

Nonconforming Uses of Land and/or Structures. The use to which land and/or structures is being put is not a principal, accessory or conditional use permitted in the zone in which it is located, and is not otherwise permitted in this title.

(Ord. 557 § 3 (part), 1985)

A.

Within the zones established by this title or amendments that may later be adopted, there may exist lots, structures, uses of land and structures and characteristics of use which were lawful before the effective date of the ordinance codified in this title, but which would be prohibited, regulated or restricted under the terms of this title or under any future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

B.

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the zones involved. A nonconforming use of land or structure, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by the addition of other uses of a nature which would be prohibited generally in the zone involved.

C.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any structure, building or land on which actual construction was lawfully begun prior to the original effective date of adoption or amendment of the ordinance codified in this title and upon which actual construction has been carried on diligently. Actual construction is defined to include the lawful acquisition of a building permit and the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. Actual construction also means the lawful acquisition of a building permit and evidence of substantial change of position, expenditures or incurrence of obligations, financial or otherwise, made lawfully and in good faith under the permit.

(Ord. 557 § 3 (part), 1985)

Single-family dwellings and customary accessory buildings may be erected on any lot which is of record at the effective date of the adoption or amendment of the ordinance codified in this title. This provision shall apply even though such lot fails to meet the requirements for the area or width, or both, that are applicable in the zone. Furthermore, setback requirements and other yard requirements applicable to those nonconforming lots of record shall be those of the zone in which the nonconforming lot is located. Variance of any other requirements must be sought by application to the commission.

(Ord. 557 § 3 (part), 1985)

Where a lawful structure exists on the effective date of the ordinance codified in this title, or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such structure may be enlarged or altered in a way which increases its nonconformity;

B.

Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title;

C.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

(Ord. 557 § 3 (part), 1985)

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this title, said use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structures devoted to a use not permitted by this title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except if changing the use of the structure to a use permitted in the zone in which it is located.

B.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this title, but no such use shall be extended to occupy any land outside such building.

C.

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the commission shall find that the proposed use is equally appropriate, or more appropriate, to the zone than the existing nonconforming use. In permitting such change, the commission may require appropriate conditions and safeguards in accord with the provisions of this title.

D.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

E.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twenty-four consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.

F.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. 557 § 3 (part), 1985)

Where, at the effective date of adoption or amendment of the ordinance codified in this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this title.

B.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.

C.

If any such nonconforming use of land ceases for any reason for a period of twelve consecutive months, any subsequent use of such land must conform to the regulations specified by this title and the zoning map for the district in which the land is located; and similarly, if any such nonconforming use of land is voluntarily abandoned, the same requirements shall apply immediately upon abandonment and, in this context, six months' of discontinuance of the nonconforming use shall create a rebuttable presumption that the nonconforming use has been abandoned and twelve months of discontinuance shall create a conclusive presumption of abandonment.

(Ord. 557 § 3 (part), 1985)

On any nonconforming structure or on any buildings devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building; provided, that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this title shall not be increased.

(Ord. 557 § 3 (part), 1985)

The continuation of nonconforming uses of land or structures, or land and structure shall be allowed only by the acquisition of a permit from the commission. The commission shall review the application for a nonconforming use permit and shall grant the permit if the requirements of this chapter are met. Application for a nonconforming use permit must be filed with the building official within ninety days after notification of nonconformity following the adoption of the ordinance codified in this title or amendments that may later be adopted.

(Ord. 557 § 3 (part), 1985)

Notwithstanding the provisions of this chapter, no junked vehicle or junk shall be stored outside and no junk or wrecking yard shall be maintained in a location which is visible from a major road as defined in Section 19.04.490 of this title unless it is screened from view by a sight obscuring fence of good appearance or hedge of good appearance. For the purposes of this section, "junk" means worn out and discarded material in general that may be turned to some use; especially old rope, chain, iron, copper, parts of machinery and bottles gathered or bought up by tradesmen called junk dealers, but not limited to commercial venture, and shall further include parts of buildings, fixtures and appliances; hence, rubbish of any kind; odds and ends.

(Ord. 557 § 3 (part), 1985)

The board of adjustment may, after public hearing within ten days' notice by special permit and subject to such protective restrictions as it may deem necessary; authorize the location in any district within the city of any public building erected for and used by any department of the city, state or federal government, or any building or other structure erected and used by any public utility operated under a franchise granted by the city.

(Ord. 557 § 3 (part), 1985)