18.195.050 Nonconforming uses of structures and premises.
A lawful use of a structure, or of structure and premises in combination, existing at the effective date of adoption or amendment of this title, and which does not conform to the use regulations for the zone in which it is located, shall be deemed to be a nonconforming use and may be continued only in compliance with the following regulations:
A. Completion of Structure. Nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building for which a building permit was issued prior to the effective date of this title and upon which construction has commenced, provided the building, if nonconforming or intended for a nonconforming use, is completed and in use within one year of the date of issuance of the building permit.
B. Repairs and Maintenance. Routine maintenance and repairs, including repair or replacement of nonbearing walls, fixtures, wiring or plumbing, may be performed on structures and premises, the use of which is nonconforming. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition any building or part thereof declared unsafe by any official charged with protecting the public safety, upon order of such official.
C. Change of Nonconforming Use. 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 the proposed use is of the same or of a more restrictive classification, that the proposed use will not affect the character of the area in which it is proposed to be located more adversely than the existing or preexisting use, and that the change of use will not result in the enlargement of the cubic space occupied by a nonconforming use, except as provided in subsection (D) of this section. An application for a change of use must be filed in accordance with the provisions of this chapter, including the payment of required fee.
D. Enlargement of Nonconforming Use. No existing structure that is wholly or partially occupied by a nonconforming use shall be structurally altered, moved, extended, constructed, reconstructed, or enlarged in cubic space unless the alteration or enlargement will result in the elimination of nonconforming use; except that such building may be enlarged when authorized in accordance with the procedure and provisions set forth in this chapter, including the payment of the required fee.
E. Discontinuance of Nonconforming Use.
1. Any structure, or structure and premises, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the requirements for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
2. If a nonconforming use of a structure is discontinued for a period of more than 90 days, the further use of the property shall conform to this title.
F. Destruction of Nonconforming Use. If a structure containing a nonconforming use is destroyed by fire, flood, explosion or other calamity to an extent exceeding 75 percent of the appraised value of the structure, as determined by the records of the county assessor for the year preceding destruction, a future structure or use on the property shall conform to the regulations for the zone in which it is located. [Ord. 817 § 8-3M.250, 2006.]