It is declared to be the policy of the council to provide regulatory mechanics for nonconforming uses, as found and determined to be reasonable and equitable in many jurisdictions. This policy is pursued in order that nonconforming uses in existence as of September 19, 1973, shall be brought to conformity, or amortized and removed, within such periods of time as are compatible with justice to the owners of properties affected and with interests of the safety, health and general welfare of the city.

(Ord. No. 2012-11-905, 11-26-2012)

To benefit from the protection given to a nonconforming use, such use must have been legitimately and lawfully established prior to September 19, 1973.

(Ord. No. 2012-11-905, 11-26-2012)

Any nonconforming use may be continued for such time and under such conditions as specified in this chapter.

(Ord. No. 2012-11-905, 11-26-2012)

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

A.

The uses of land not having buildings thereon, which do not conform to the use provisions of this title, and which become nonconforming by reason of subsequent amendments shall be discontinued within five years from September 19, 1973; or

B.

All uses of land for outdoor work or storage purposes which, after the adoption of the ordinance codified in this title or amendments thereto, exist as nonconforming uses, be completely enclosed within a view-obscuring fence approved by city council. Such fence shall be of a sufficient height so that the fence and supplemental landscaping will at all seasons of the year completely screen all operations of such establishments from view of adjacent land and buildings.

(Ord. No. 2012-11-905, 11-26-2012)

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 after the provisions of subsection B of Section 17.76.040, although such use does not conform to this title for the district in which the 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 said ordinance, unless by such moving it brings the use closer to conformance with this title.

(Ord. No. 2012-11-905, 11-26-2012)

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" means as follows:

1.

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

2.

When a building designated or arranged for a conforming use, but used for nonconforming activities shall cease to be used for such particular use for a period of twelve 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. No. 2012-11-905, 11-26-2012)

A.

The enlargement of a nonconforming use to any portion of an existing building, which portion was designated 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 designated 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 in case of evident hardship.

C.

Moving of a nonconforming use to contiguous lots is prohibited.

(Ord. No. 2012-11-905, 11-26-2012)

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. 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 the 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. No. 2012-11-905, 11-26-2012)

When a building or other structure containing a nonconforming use is damaged by fire or 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, or unless such building restoration construction is commenced within six months of the date of the damage to the structure and is in conformance with all current building codes. The determination of whether a building is destroyed to the extent described above shall rest with the board of adjustment.

(Ord. No. 2012-11-905, 11-26-2012)

Nothing in this title shall be interpreted as authorization for or approval of the continuance of, nor the allowing of a special permit, exception or 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. Any use existing at the time of adoption of the ordinance codified herein which is within the scope of uses permitted by conditional exception or accessory exception in the use district in which the property is situated shall be deemed a conforming use without necessity of any action by the board of adjustment

(Ord. No. 2012-11-905, 11-26-2012)

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 date of adoption of the ordinance codified in this title, and upon which building actual construction has been diligently carried on.

(Ord. No. 2012-11-905, 11-26-2012)