The purpose of this chapter is to declare uses and structures legally existing on the effective date of this chapter as nonconforming uses and structures, and to encourage those that are nonconforming to be brought into conformity within a reasonable period of time.

(Ord. 376 § 10-2-5(A), 1967.; Amended by Ord. 844 on 12/18/2017)

The lawful use of land or structure existing on the effective date of any provision of the ordinance codified in this title applicable to such land or structure may be continued as a lawful nonconforming use or structure, although such use or structure does not comply with the provisions of this title.

(Ord. 376 § 10-2-5(B), 1967.)

Unless it is made to comply in its entirety with the provisions of this title, a nonconforming use may not be:

A.

Expanded or moved to another location, and the structure devoted to such use may not be structurally enlarged, altered, or moved to another location, but may be kept in good repair or may be structurally altered if necessary for public safety;

B.

Restored or rebuilt if damaged or destroyed for any reason to the extent of more than half its current replacement cost;

1.

Provided that residences that are fifty years or older may be restored or rebuilt within the footprint of the previous structure. The residential use may continue with no expansion of the structure permitted per this section unless approved under Section 17.58.030(C)(1); furthermore, the historical integrity of the restoration shall be maintained although newer building materials may be used;

2.

Commercial uses that have been in operation at the same location since 1960 or earlier (as proven through documentation based on the assessor's records, business licenses, historical records or other information which documents the date of the business at that location) may be continued within the previous footprint and intensity or use. Section 17.58.030(C) shall apply in that documentation shall show continuance of use at said location without abandonment.

C.

Restored or rebuilt if abandoned for a period of one year or more.

1.

Provided that if the structure was originally constructed for residential use (as proven through documentation based on the assessor's records, historical records or other information which documents the structure's original use), then the residential use may be restored, subject to all code requirements with approval of a use permit. Said use permit shall be considered in the same manner as other use permits as per Chapter 17.62. Any expansion of the structure or use shall require modification of the use permit.

D.

In the event that the implementation of this section would create a hardship, the planning commission may, through a use permit, allow a preexisting, nonconforming use to continue on a property when demolished by fire or accident. If the use changes slightly, but not substantively in its burden on surrounding properties, the use may be continued by use permit. Said use permits shall be considered in the same manner as other use permits per Chapter 17.62.

(Ord. 515, 1978; Ord. 376 § 10-2-5(C), 1967.; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 844 on 12/18/2017)