17.165.001 Definitions
17.165.010 General Provisions
17.165.020 Nonconforming Uses
17.165.030 Nonconforming Structures
17.165.040 Exceptions for Residential Structures
17.165.050 Notice of Nonconformity and Amortization
17.165.052 Hearing Body Designated; Hearing
17.165.054 Decision and Findings
17.165.056 Right of Appeal
17.165.057 Recordation of Order
17.165.058 Revocation
17.165.059 Public Nuisance
17.165.060 Nonconforming Signs
17.165.070 Nonconforming Adult Businesses
Nonconforming structure. A "legal nonconforming structure" is a structure which was legally established according to the applicable zoning and building laws of the time, but which does not meet current zoning and building regulations. A use or structure can become "legal nonconforming" due to rezoning, annexation or revisions to the Zoning Code.
Nonconforming use. A "legal nonconforming use" is a use of land which was legally established according to the applicable zoning and building laws of the time, but which dose not meet current zoning and building regulations. A use or structure can become "legal nonconforming" due to rezoning, annexation or revisions to the Zoning Code.
[Ord. No. 578, 10/17/17.]
The following regulations shall apply to the legal, nonconforming use of any building or structure. Regulations applicable to nonconforming structures are provided in Section 17.165.030.
(a) Continuation
Any nonconforming use may be continued through the amortization period, provided that the use shall not be increased, enlarged, extended, or altered except as provided in this chapter.
(b) Termination Due to Cessation of Use
Any part of a building or land occupied by a nonconforming use in which that use is discontinued for one hundred eighty (180) days or more shall thereafter lose its nonconforming use status. All subsequent uses shall be used in conformity with the provisions of this Zoning Code.
(c) Amortization of Nonconforming Uses: General
Every legal nonconforming use shall be terminated according to the amortization time schedule established by Resolution of the City Council or the provisions of this Chapter.
(d) Amortization of Nonconforming Use Where No Building Exists
Except as otherwise provided herein, the legal nonconforrning use of land where no structure exists may continue for a period of not more than ten (10) years from the date the use became nonconforming, provided the nonconforming use will not in any way be expanded or extended, either on the same or adjoining property.
(e) Alteration of Nonconforming Uses
(1) A legal nonconforming use may not be enlarged, expanded, or otherwise increased in scope unless a Conditional Use Permit has been issued pursuant to Chapter 17.130 of this Zoning Code.
(2) Any alteration required by governmental or court action shall be exempt from these conditions.
(3) Restrictions and conditions affecting a nonconforming use shall apply to the existing use, land, and structures, and shall not be affected by ownership changes.
[Ord. No. 544, Exhibit A, 3/23/16.]
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