Chapter 18.95
NONCONFORMING USES
Sections:
18.95.020 Continuation and improvements.
18.95.030 Changes and alterations of use.
18.95.040 Discontinuation of use.
18.95.050 Destruction of structure.
18.95.060 Preexisting permits.
18.95.070 Extension of nonconforming structures.
18.95.010 Definition.
“Nonconforming structure or use” means a structure or use lawfully in existence at the time the ordinance codified in this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located. [Ord. 514 § 4.10, 2001].
18.95.020 Continuation and improvements.
A nonconforming use may be continued although not in conformity with the regulations for the zone in which the use is located and improvements to the property or structure or both may be made when necessary to continue but not expand the use. [Ord. 514 § 4.21, 2001].
18.95.030 Changes and alterations of use.
A nonconforming use or structure may not be replaced, changed, or altered to another use unless the change or alteration is the same use classification as permitted in this title, or to a classification that more nearly conforms to the regulations for the zone in which the use is located. [Ord. 514 § 4.22, 2001].
18.95.040 Discontinuation of use.
If the nonconforming use is discontinued for a period of one year, further use of the property shall conform to this title. [Ord. 514 § 4.23, 2001].
18.95.050 Destruction of structure.
If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of its valuation as determined by the county assessor, the nonconforming use or structure shall not be reestablished. A future structure or use on the site shall conform to this title. [Ord. 514 § 4.24, 2001].
18.95.060 Preexisting permits.
Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a permit has been issued or approved by the city and construction has commenced prior to the adoption of the ordinance codified in this title, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit was issued. [Ord. 514 § 4.25, 2001].
18.95.070 Extension of nonconforming structures.
A nonconforming structure as it relates to the setbacks required by this title may be extended or expanded so long as the addition does not encroach closer to the property line than the existing portion of the nonconforming structure, and the addition will meet all of the other setback requirements of this title. [Ord. 514 § 4.26, 2001].