Chapter 17.164
NONCONFORMING USES
Sections:
17.164.010 Use not in building or structure.
17.164.020 Buildings – Continuance or change of use.
17.164.030 Buildings – Repairs.
17.164.040 Buildings – Additions, enlargement or alteration.
17.164.050 Buildings – Nonconformance due to yard requirements.
17.164.060 Change to more restrictive use.
17.164.070 Discontinuance – Resumption prohibited.
17.164.100 Effect of amendments.
17.164.110 Repair of damaged or partially destroyed structures.
17.164.010 Use not in building or structure.
A nonconforming use which is not housed in a building or structure but occupies a lot or portion thereof shall not be enlarged or extended to any other portion of the lot or any other lot not actually so occupied at the time such use became nonconforming as a result of the adoption of the ordinance codified in this title. [Ord. 772 § 17.72.010, 1986. Code 1987 § 17.72.010].
17.164.020 Buildings – Continuance or change of use.
A nonconforming building may continue to be maintained, or may be changed to a building of a more restricted, but still nonconforming classification, provided structural alterations are not made, or may be converted to a conforming building regardless of structural alterations. [Ord. 772 § 17.72.020, 1986. Code 1987 § 17.72.020].
17.164.030 Buildings – Repairs.
Repairs or interior alterations which do not enlarge or increase the height of a nonconforming building may be made. [Ord. 772 § 17.72.030, 1986. Code 1987 § 17.72.030].
17.164.040 Buildings – Additions, enlargement or alteration.
No nonconforming building or structure shall be added to or enlarged or altered on the exterior in any manner unless such building and its additions and enlargements are made to conform in every respect with all of the provisions of this title, or unless the City Council by resolution permits exterior alterations, enlargement, or additions only for the following reasons and under the conditions:
A. That in the opinion of the City Council said revision is necessary to secure added safety or reduce the fire hazard and/or secure aesthetic advantages through alignment, architecture, or closer conformity to surrounding permitted buildings in the immediate neighborhood;
B. That said revision or addition shall not increase the number of stories. Floor area shall not be increased over 10 percent;
C. That regardless of any or all alterations, enlargements, or additions the floor area shall not be increased over 10 percent of the total floor area such building contained on December 23, 1953;
D. That a set of plans and specifications covering the proposed construction, alteration or addition shall have been submitted to the Commission for recommendation and then to the City Council for approval as to location, design, color, and general architecture, and any work represented thereby shall be done in accordance with said approved plans and specifications, and no permit for such work shall be issued until said plans have been so approved. [Ord. 772 § 17.72.040, 1986. Code 1987 § 17.72.040].
17.164.050 Buildings – Nonconformance due to yard requirements.
Existing buildings which are nonconforming only because of violation of the yard requirements hereof may be altered or enlarged, provided said alterations and enlargements conform to the provisions of this title. [Ord. 772 § 17.72.050, 1986. Code 1987 § 17.72.050].
17.164.060 Change to more restrictive use.
A lawful nonconforming use may be continued or changed to a conforming use or to a use of more restricted classification, as determined by this title, but shall not thereafter be changed to less restrictive classification. [Ord. 772 § 17.72.060, 1986. Code 1987 § 17.72.060].
17.164.070 Discontinuance – Resumption prohibited.
No nonconforming use shall be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to be operated or to exist as a nonconforming use for a period of six months. [Ord. 772 § 17.72.070, 1986. Code 1987 § 17.72.070].
17.164.080 Extension of use.
A nonconforming use occupying either a conforming building or nonconforming building, structure or portion of either thereof shall not be extended to any portion of the building or structure not so occupied at the time said use became nonconforming as a result of the adoption of the ordinance codified in this title. [Ord. 772 § 17.72.080, 1986. Code 1987 § 17.72.080].
17.164.090 Moving buildings.
No nonconforming building or building used for a nonconforming use shall be moved unless by so doing the building and its use would be made to conform to the provisions of this title. [Ord. 772 § 17.72.090, 1986. Code 1987 § 17.72.090].
17.164.100 Effect of amendments.
The provisions of this chapter shall apply to uses and buildings which become nonconforming by reason of any amendment to this title as of the effective date of such amendment. [Ord. 772 § 17.72.100, 1986. Code 1987 § 17.72.100].
17.164.110 Repair of damaged or partially destroyed structures.
Any nonconforming structure or structures containing a nonconforming use which is damaged or partially destroyed by fire, explosion, act of God, collapse or any other casualty or calamity to the extent that the cost of restoration to the condition in which it was immediately prior to the occurrence of such damage or destruction may be reconstructed, provided the actual reconstruction cost does not exceed four times the assessed value of the entire structure based on the assessment roll current immediately prior to the time of damage or destruction. All such construction or repairs shall be started within one year from date of damage and be pursued diligently to completion. In determining the reconstruction cost of any nonconforming structure, neither the cost of land, nor any factors other than those concerning the nonconforming structure, itself, shall be considered or included therein. [Ord. 772 § 17.72.110, 1986. Code 1987 § 17.72.110].