The nonconforming status of a use, structure or physical improvements shall terminate under the following conditions:
(A) Discontinuance.
(1) If the nonconforming use of land, a nonconforming use of a conforming structure, a conforming use of a nonconforming structure, or use of nonconforming physical improvements is discontinued for a continuous period of 365 calendar days or more, all rights to legal nonconforming status shall terminate.
(2) The Director of Community Development shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconformity, disconnected or discontinued utilities, or lack of business license, business receipts or records to document continued operation.
(3) Without further action by the city, any further use of the land, structure or physical improvements shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code and city-adopted design guidelines.
(B) Destruction. Except for single-family, duplex and multifamily structures as provided by § 9-5.3006(B), nonconforming status shall terminate if a nonconforming structure, conforming structure occupied by a nonconforming use or nonconforming physical improvements are involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, except as follows:
(1) Less than 50 percent. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is 50% or less of the assessed value immediately before the involuntary damage, the structure or physical improvements may be restored to the same size, and the use continued as before; provided, that permits have been obtained and the restoration work is started within 12 months of the date of the damage, and the work is continuously pursued to completion within 12 months from the date building permits were issued. The Director of Community Development may extend these time limits if presented with evidence that there are external factors, such as insurance company payouts or hazardous material contamination, that prevent a property owner from proceeding with restoration within 12 months of the date of damage, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(2) Greater than 50 percent. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is greater than 50% of the assessed value immediately prior to the involuntary damage, neither the structure nor the physical improvement shall be reconstructed, repaired, or restored, except in conformity with the requirements of the applicable zoning district.
(Ord. 2163-C-S, passed 3-12-19)