Division 7. Nonconforming Structures and Uses
Chapter 17.120
NONCONFORMING STRUCTURES AND USES
Sections:
17.120.010 Purpose and intent.
17.120.020 Continuation of a nonconforming structure or use.
17.120.030 Discontinuance of a nonconforming use.
17.120.040 Change of a nonconforming use.
17.120.050 Destruction of a nonconforming use or structure.
17.120.070 Dwellings on small sites.
17.120.010 Purpose and intent.
Invariably, at the time this title is adopted or amended, certain uses and structures that existed prior to the adoption or amendment will not conform to the regulations of this title. These are known as nonconforming uses and structures. In order to adopt the title and so as not to cause undue economic hardship on owners of nonconforming uses and structures, these uses or structures are allowed to continue under special conditions as described in this chapter. (Ord. 536 § 1 (§ 26.01), 2000)
17.120.020 Continuation of a nonconforming structure or use.
Subject to the provisions of this title, a nonconforming structure or use may be continued and maintained in reasonable repair, but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the effective date of the ordinance codified in this title is not considered an enlargement or expansion of a nonconforming use and may be allowed when the planning commission determines that such alterations or extensions are appropriate. (Ord. 536 § 1 (§ 26.02), 2000)
17.120.030 Discontinuance of a nonconforming use.
If a nonconforming use of a property or a structure is discontinued for a period of 12 months or more, the nonconforming use is no longer legal, and any subsequent use of the property or structure shall conform to this title. (Ord. 536 § 1 (§ 26.03), 2000)
17.120.040 Change of a nonconforming use.
If a nonconforming use not involving a structure is replaced by another use, the new use shall conform to this title. If a nonconforming use involving a structure is replaced by another use, the new use shall conform to this title unless the planning commission determines that such site is suitable only for another nonconforming use not more detrimental to surrounding properties than the one to be replaced. Once a nonconforming use has been altered to come into compliance with the requirements of this code, it shall not revert back to a nonconforming use. (Ord. 536 § 1 (§ 26.04), 2000)
17.120.050 Destruction of a nonconforming use or structure.
If a nonconforming use structure or a structure containing a nonconforming use suffers damage or is destroyed by any cause, including intentional destruction, exceeding 50 percent of its assessed value, as determined by the applicable county assessor’s office, it shall be repaired or rebuilt in conformity with these regulations. (Ord. 536 § 1 (§ 26.05), 2000)
17.120.060 Unsafe structures.
Any structure or portion thereof declared unsafe by a proper authority must be restored to a safe condition, according to the provisions of the International Building Code. (Ord. 536 § 1 (§ 26.06), 2000)
17.120.070 Dwellings on small sites.
The implementation of the provisions of this code shall not apply to prevent the erection of a single-family dwelling on a site, when, at the time of approval of these standards, said site is less in area or width than specified for a single-family dwelling. (Ord. 536 § 1 (§ 26.07), 2000)