[CC 2001 §17.68.010; Ord. No. Z-1-99 §400.170, 6-8-1999]
A. The
lawful use of a building existing at the time of the adoption of this
Article may be continued, even though such use does not conform with
the provisions hereof.
B. If
no structural alterations are made, a non-conforming use of a building
may be changed to another non-conforming use of the same or more restricted
classifications. Whenever a non-conforming use of a building has been
changed to a more restricted use or to a conforming use, such use
shall not thereafter be changed to a less restricted use.
C. Whenever
the use of a building becomes non-conforming through a change in the
Zoning Code or district boundaries, such use may be continued and,
if no structural alterations are made, it may be changed to another
non-conforming use of the same or a more restricted classification.
D. When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God or the public enemy to the extent of more than seventy-five percent (75%) of its fair market value, it may be restored only by action of the Board of Adjustment as set forth in Article
XII "Board Of Adjustment" of this Chapter.
E. In
the event that a non-conforming use of any building or premises is
discontinued or its normal operation stopped for a period of six (6)
months, the use of the same shall thereafter conform to the use regulations
in the district in which it is located.
F. A non-conforming
use occupying only a portion of a building may be extended throughout
the building if the same has been lawfully acquired and actually devoted
to such use previous to the adoption of this Chapter or to any affecting
amendments thereof.
G. No existing building devoted to a use not permitted by this Chapter in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building is located. Non-conforming use buildings may be extended or enlarged or structurally altered or reconstructed by not to exceed a fifty percent (50%) increase in the cubical contents of the building as of the effective date of this Chapter, if a special use permit therefor be granted under Article
VI "Special Use Regulations" of this Chapter, provided that all height and area regulations be observed in any such extension or enlargement or alteration.
H. Any
mobile home located in a district other than a mobile home park district
from and after the effective date of this Chapter shall be considered
as a non-conforming use of the land under the provisions of this Chapter;
provided however, that the replacement of a mobile home with a new
mobile home, permanently affixed to a continuous permanent perimeter
foundation, meeting all setback requirements of "R-1" single-family
requirements, by an owner occupying an existing mobile home under
the provisions of the special use regulations of this Chapter shall
not be considered such a change so as to alter the pre-existing non-conforming
use.