Chapter 17.64
NONCONFORMING USES
Sections:
17.64.010 Prior use continuance.
17.64.020 Use transferal requirements.
17.64.030 Structural alteration requirements.
17.64.040 Destruction—Use conformance required.
17.64.060 Certificate of use and occupancy required.
17.64.010 Prior use continuance.
The lawful use of land existing at the time of the passage of this title, although such use does not conform to the provisions hereof, may be continued; provided, however, that nonconforming commercial and industrial uses operated on open land may be continued for a period no longer than two years after such uses become nonconforming. If any nonconforming use is abandoned or discontinued for a period of six months or more, subsequent use of the land shall be in conformity with the provisions of this title. (Prior code § 3124.01)
17.64.020 Use transferal requirements.
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. (Prior code § 3124.02)
17.64.030 Structural alteration requirements.
No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this title for the district in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, unless such is changed to a use permitted under the regulations specified by this title for such district in which the building is located; providing, however, that authorized maintenance shall be permitted not exceeding a total amount, during a period of five years, of fifty percent of the assessed value of the building according to the assessments thereof by the city assessor. (Prior code § 3124.03)
17.64.040 Destruction—Use conformance required.
If at any time any building in existence or maintained at the time of the adoption of this title which does not conform to the regulations for the district in which it is located is destroyed by fire explosion, act of God, or act of the public enemy to the extent of more than one-half the value thereof, then and without further action by the city council, the building and the land on which the building was located or maintained shall, from and after the date of such destruction, be subject to all the regulations of the district in which such land and/or building are located. For the purposes of this title, the value of any building shall be the estimated cost of the replacement of the building in kind, as determined by the building inspector. (Prior code § 3124.04)
17.64.050 Applicability.
The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed or established and any time limit for the suspension of a nonconforming use of land shall date from the date of the enactment of this title or any amendment of district boundaries which first creates a nonconforming use or uses. (Prior code § 3124.05)
17.64.060 Certificate of use and occupancy required.
The owner or occupant of any land or building classified as nonconforming use under provisions of this title shall, upon notification by the planning commission, make application for a certificate of use and occupancy, and shall annually thereafter apply for renewal of said certificate. (Prior code § 3124.06)
17.64.070 Exception.
Any nonconforming use or building may be permitted to be enlarged, extended, reconstructed or structurally altered in cases where an application for a variance is first approved, as provided in Chapter 17.62. The regulations of Sections 17.64.010 to 17.64.060 are subject to this section. (Prior code § 3124.07)