§ 20.22.040. Nonconforming structures.

A.

Any nonconforming structure 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 in use and operation so long as the structure is registered in accordance with the provisions of Section 20.22.070 with the zoning administrator as legal nonconforming and is subject to the following limitations.

1.

Unless otherwise provided, a nonconforming building or structure shall not be added to or enlarged in any manner unless the addition or extension meets the requirements of the district in which it is located.

2.

If a nonconforming structure is nonconforming as to off-street parking requirements, a change of occupancy to another use permitted in the zoning district is allowed provided that the parking requirements are the same as the original nonconforming use. If a change of occupancy to a use that requires additional parking is requested, the additional off-street parking required for the new use must be provided.

B.

Abandonment and Termination of a Nonconforming Structure.

1.

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

a.

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

b.

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;

c.

Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if the nonconforming building 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 building, or a temporary discontinuance of a nonconforming building 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 Structure. The right to operate and maintain any nonconforming structure, 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 is damaged or destroyed from any cause whatsoever, except if caused by the intentional act 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 rolls, 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 building shall be deemed to be discontinued or abandoned, and shall no longer be authorized to continue.

C.

Normal repairs and maintenance may be made to a nonconforming building or structure; provided that no structural alterations shall be made except those required by law or ordinance due to health or safety concerns and as required by a governmental entity.

D.

A nonconforming building or structure shall not be moved in whole or in part from the property or within the lot in which it is located, unless every portion of such building or structure is made to conform to all regulations of the district in which it is located.

E.

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

F.

A cemetery, sewage disposal or treatment plant, hospital, sanatorium, correctional institution, or municipal or state building or institution existing in any district on November 23, 1955, or any M-1 district use so existing in a C-4 or C-5 district, shall be deemed a conforming use upon the plot devoted to such use on the effective date of Ordinance No. 1448, adopted on November 23, 1955.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17777, § 2, 5-1-2012)