A. Termination by Discontinuance. Termination of legal nonconforming status shall be lost in the following events if a nonconforming use of land, structure or site improvement, or a nonconforming use of a conforming structure is discontinued where:
1. For a continuous period of one year or more, owner has ceased nonconforming use regardless of the owner's intention to recommence the use, all rights to continue the nonconforming use shall terminate.
2. For a continuous period of less than one year where the use has been converted to a conforming use, all rights to the nonconformity shall terminate upon new use.
Without further action by the City, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of these Regulations.
B. Termination by Destruction. Termination of legal nonconforming status by damage or destruction shall be addressed as follows:
1. If a conforming structure with a nonconforming use is damaged, or destroyed, the right to rebuild the structure with a conforming use shall be allowed.
2. If a conforming structure with a nonconforming use is damaged or destroyed, the right to continue except as follows:
a. If the repair or replacement of the damaged portion of the structure does not exceed 50 percent of the total square footage of the structure, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and
b. If the repair or replacement of the damaged portion of the structure exceeds 50 percent of the total square footage of the structure prior to damage or destruction, a use permit (Chapter 19.24) shall be required to authorize the restoration of the structure and continuation of the use. The use permit shall include a finding, in addition to those contained in Section 19.24.040 (Decision and findings), that the benefit to the public health, safety, or welfare exceeds any detriment inherent in the restoration, repair or replacement.
3. If a nonconforming structure is damaged or destroyed, the right to continue occupancy of the nonconforming structure shall cease; except as follows:
a. If the repair or replacement of the damaged portion of the structure does not exceed 50 percent of the total square footage of the structure, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and
b. If the repair or replacement of the damaged portion of the structure exceeds 50 percent of the total square footage of the structure prior to damage or destruction, a use permit (Chapter 19.24) shall be required to authorize the restoration of the structure and continuation of the use. The use permit shall include a finding, in addition to those contained in Section 19.24.040 (Decision and findings), that the benefit to the public health, safety, or welfare exceeds any detriment inherent in the restoration, repair or replacement.
(Ord. 2185)(Ord. 2519 §5)