In the interests of safety, health and general welfare of the city, uses either:

A.

Conforming to relevant zoning regulations in effect immediately before adoption of the ordinance codified in this title but not conforming to the requirements of this title upon such adoption of; or

B.

Conforming to the relevant requirements of this title's original adoption but not conforming under amendments thereto; shall be expeditiously brought to conformity or discontinued within a reasonable time.

(Ord. 894 (part), 1994).

Any nonconforming use may be continued for a reasonable time under conditions specified in this chapter.

(Ord. 894 (part), 1994).

To benefit from the protection given to a nonconforming use, such use must have been legitimately and lawfully established prior to the adoption of the ordinance codified in this title or any amendments thereto.

(Ord. 894 (part), 1994).

The two alternatives provided to meet compliance with nonconforming open land uses are:

A.

The use of land (not having buildings thereon) which does not conform to the use provisions of this title or which becomes nonconforming by reason of subsequent amendments shall be discontinued within five years from the effective date of the ordinance codified in this title or relevant amendment thereto; or

B.

All nonconforming land uses for outdoor work or storage shall be completely enclosed with a view-obscuring fence.

(Ord. 919 §13(part), 1996; Ord. 894 (part), 1994).

No nonconforming use of land shall be changed to another nonconforming use. The lawful use of land existing at the time of the adoption of the ordinance codified in this title, may be continued under the provisions of subsection B of Section 17.44.040, although such use does not conform to this title for the district in which such land is located; provided further, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land or building than that occupied by such use at the time of the adoption of the ordinance codified in this title.

(Ord. 894 (part), 1994).

A.

A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use.

B.

A nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as follows:

1.

When improved land, buildings or facilities used as a nonconforming use shall cease to be used for that particular use for six consecutive calendar months;

2.

When a building designed or arranged for a conforming use, but used for nonconforming activities ceases to be used for such particular use for a period of nine consecutive calendar months.

C.

The land from which any nonconforming structure has been removed shall be subsequently used in conformity with the appropriate district regulations.

(Ord. 894 (part), 1994).

A.

The enlargement of a nonconforming use to any portion of an existing building, which portion was designed and built for such nonconforming use prior to the passage of the ordinance codified in this title may be permitted, provided no structural alterations are made.

B.

A building designed and built for, or devoted to, a nonconforming use at the time of the passage of the ordinance codified in this title may not be enlarged or structurally altered unless the use of such building is changed to a conforming use, or when such enlargement is permitted by variance.

C.

Moving a nonconforming use to contiguous lots is prohibited.

(Ord. 894 (part), 1994).

A lawful nonconforming use of a building may not be changed to another nonconforming use unless changed to a more restrictive use and such change is permitted by the board of adjustment.

(Ord. 894 (part), 1994).

A.

Normal repairs and alterations may be made to a lawful nonconforming building; provided, that no structural alterations shall be made, except those required by law.

B.

No existing nonconforming structure designed, arranged, intended for, or devoted to, a use not permitted under this title for the district in which such structure is located shall be enlarged, extended, reconstructed, structurally altered, or moved unless such use is changed to a use permitted under the regulations specified by this title for the district in which such building is located; provided further, that nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe and ordered to be strengthened or restored to a safe condition, unless such building has been destroyed by an extent exceeding seventy-five percent of full value, as determined by consideration of the assessed value referred to above.

(Ord. 894 (part), 1994).

A.

When a building or other structure containing a nonconforming use is damaged by fire or by any other cause so that the cost of renewal of the damaged parts exceeds seventy-five percent of the cost of the replacement of the entire building (exclusive of foundations) using new materials, then such building shall not be rebuilt unless the building and its construction and uses conform fully to this title and other codes of the city as applied to new buildings and structures and to uses for the district in which it is located.

B.

The determination of whether a building is destroyed to the extent described in this section shall rest with the city building official.

(Ord. 919 §13(part), 1996; Ord. 894 (part), 1994).

A.

Nothing in this title shall be interpreted as authorization for, or approval of, the continuance of, nor the allowing of a variance for the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of the ordinance codified in this title.

B.

Any use existing at the time of adoption of the ordinance codified in this title, or any amendment thereto, and which complied with the relevant zoning regulations in effect immediately before the adoption of said ordinance or the relevant amendment thereto shall be deemed a conforming use (or lawful nonconforming use) without necessity of any action by the board of adjustment; provided, that any use made a conforming use by this section shall be subject to all other sections of this chapter and shall be a nonconforming use for the purposes of all other sections of this chapter; provided further, that the board of adjustment may determine a reasonable time to discontinue any nonconforming use deemed a conforming use under this section.

(Ord. 894 (part), 1994).

Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the adoption of the ordinance codified in this title and upon which building actual construction has been diligently carried on.

(Ord. 894 (part), 1994).

A.

Legally Nonconforming Sign Status. Any sign not conforming to the regulations of this title shall be deemed a legally nonconforming sign and allowed to continue provided that the sign is legally in existence by virtue of being installed and maintained pursuant to a city or county permit, pursuant to an exemption of permit requirements, or prior to the existence of sign regulation within the city or county.

B.

Loss of Legally Nonconforming Status. A legally nonconforming sign shall immediately lose its nonconforming status if at any time:

1.

The sign is altered in any way in structure or height which is not in compliance with the standards of the Zoning Code;

2.

The sign is relocated to a position which is not in compliance with the standards of the Zoning Code or relocated after a period exceeding 90 days from the date relocation begins;

3.

The sign is replaced, provided that this replacement refers to structural replacement, not change of sign face, lettering, or copy;

4.

The property associated with a legally nonconforming sign changes ownership and use;

5.

A legally nonconforming sign becomes a dilapidated sign; or"

6.

A nonconforming sign is damaged, destroyed or modified by more than 50% of its value at the time of damage, destruction, or modification.

C.

Deemed a Nuisance. Any sign losing its nonconforming status shall be deemed a nuisance and abated according to the city's nuisance code.

(Ord. No. 1051, § 13, 7-21-11; Ord. No. 1103, § 14, 2-16-2017)

A.

Abandonment. Any wind power generation facility that, after the initial operation of the facility, is not used for power generation for twelve consecutive months shall be considered abandoned, and the owner of such facility shall remove same within ninety days of receipt of notice from the city notifying the owner of such abandonment.

B.

Noncompliance. Any permitted wind power generation facility which ceases to comply with any permit conditions shall be considered noncompliant, and the owner of such facility shall bring into compliance or remove same within ninety days of receipt of notice from the city notifying the owner of such noncompliance.

C.

Deemed a Nuisance. Any such facility remaining after the time specified for removal or compliance shall be deemed a nuisance and abated according to the city's nuisance code.

(Ord. No. 1048, § 14, 3-17-11)

A.

Abandonment. Any wireless telecommunications facility, antenna, or tower that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing of the application for twelve consecutive months shall be considered abandoned, and the owner of such facility, antenna, or tower shall remove same within ninety days of receipt of notice from the city notifying the owner of such abandonment.

B.

Noncompliance. Any permitted wireless telecommunications facility which ceases to comply with any permit conditions shall be considered noncompliant, and the owner of such facility shall bring into compliance or remove same within ninety days of receipt of notice from the city notifying the owner of such noncompliance.

C.

Deemed a Nuisance. Any such facility remaining after the time specified for removal or compliance shall be deemed a nuisance and abated according to the city's nuisance code.

(Ord. No. 1038, § 16, 6-17-10)