§ 20.22.030. Nonconforming uses.

A.

Any use of a building, structure, or property or if a valid building permit has been issued for the use of the structure in that district, legally in existence at the time when any zoning restrictions as to use, area, yards, setbacks, or off-street parking (whether under this or any other ordinance or amendment) first became effective as to such use, and which does not conform to the regulations described in this title may continue the use so long as the use is registered in accordance with the provisions of Section 20.22.070 and verified by the zoning administrator as legal nonconforming and is subject to the following limitations:

1.

A nonconforming use of a structure may not be enlarged or increased, except a nonconforming use may be extended to any portion of a building which portion was arranged or designed for such nonconforming use on or prior to the date on which the use became nonconforming, or if required by law to meet minimum health and safety requirements required by a governmental entity. Written documentation establishing the date of the original design or arrangement of use, or requirement by a governmental entity shall be required at the time of submittal for a building permit, and the mere intent of the owner or occupant shall not satisfy this requirement; and,

2.

A nonconforming use shall not be changed unless changed to a conforming use. A nonconforming use if changed to a conforming use may not thereafter be changed back to any nonconforming use. A nonconforming use may not be changed to any other nonconforming use.

B.

Abandonment and Termination of a Nonconforming Use.

1.

A nonconforming use is deemed abandoned and the right to operate a nonconforming use shall terminate immediately if any of the following occur:

a.

The use of property is changed from a nonconforming use to a conforming use, or to another nonconforming use;

b.

The non-use or non-operation of the nonconforming use, or the vacancy of a portion or all of the structure used for the nonconforming use of the property for a continuous period of one hundred twenty days or more;

c.

A portion or all of the structure used for the nonconforming use is damaged or destroyed by the intentional act of the owner or his agent;

d.

Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if any portion of the structure in which the nonconforming use is located is dilapidated, substandard, or is not maintained in a suitable condition for occupancy during a continuous period of one hundred twenty days.

2.

A seasonal discontinuance of a nonconforming use, or a temporary discontinuance of a nonconforming use for maintenance or repair, is excluded from a calculation of the one hundred twenty-day period described in subsection (B)(1)(b) of this section.

3.

A person may not resume an abandoned or otherwise terminated nonconforming use.

4.

Destruction of Nonconforming Use. The right to operate and maintain any nonconforming use, except a single-family dwelling unit is not subject to this subsection and may reconstruct up to one hundred percent of the prior existing building footprint, shall terminate and shall cease to exist whenever the structure or any portion of the structure in which the nonconforming use is operated and maintained is damaged or destroyed by fire, the elements or other than the intentional acts of the owner or operator, if the destruction amounts to fifty percent or more of its fair market value as determined by the tax appraisal roll, not including the value of the land, on the date of such damage or destruction. If the owner of a nonconforming use fails to begin reconstruction of the destroyed building, when permitted to do so by the terms of this section within one hundred twenty days of the date of destruction, the nonconforming use shall be deemed to be discontinued or abandoned, and shall no longer be authorized to continue.

C.

No nonconforming accessory use shall continue after the principal use or structure shall have ceased or terminated unless the accessory use shall thereafter conform to the provisions of the zoning district in which it is located.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17777, § 1, 5-1-2012)