[Ord. No. 04-09]
Any nonconforming use or structure, or any combination thereof,
may be improved subject to the following conditions:
A. Maintenance of Nonconformity. Any maintenance of a nonconforming
structure, a structure on a nonconforming lot, or a structure containing
a nonconforming use, consisting of repair work necessary to keep the
structure in sound condition shall be permitted.
B. Nonconforming Use: Enlargement. A nonconforming use shall not be
enlarged or extended in such a way as to occupy any part of the structure
or site, or another structure or site which it did not occupy at the
time of adoption of this chapter, or of the amendments thereto that
caused the use to become a nonconforming use, or in such a way as
to displace any conforming use occupying a structure or site, except
as permitted in this section.
C. Structure Containing a Nonconforming Use: Moving, Alteration or Enlargement.
A structure, the use of which is nonconforming, shall not be moved,
altered or enlarged unless required by law, or unless the moving,
alteration or enlargement will result in the elimination of the nonconforming
use.
D. Nonconforming Structures: Additions and Enlargements. A nonconforming
structure, or a structure located on a nonconforming lot, if such
structure is used for residential purposes may be enlarged or extended,
and the number of dwelling units may be increased to the maximum density
allowed in the district, provided that no greater degree of nonconformity
results with respect to the requirements of the district within which
it is located and of this section, and that there is compliance with
all applicable City building and housing codes. The preexisting portion
of the facility need not be brought into conformance with this chapter,
except as herein provided.
Exception. Nonconforming walls may be extended vertically or horizontally subject to a use permit, pursuant to subsection
20.100.030. (See note 19, Site Regulations Table 2A, Residential, subsection 20.24.020.A.)
E. Nonconforming Structures: Moving. Any nonconforming structure that
is moved shall conform to the standards for setbacks, height of structures,
maximum allowable floor area, distances between structures, driveways,
or open space prescribed in the regulations for the district to which
the structure is moved.
[Ord. No. 04-09]
A nonconforming use shall not be reestablished if it has been
abandoned, discontinued, or made a conforming use for a continuous
period of ninety (90) days. After such period the use of the structure
or the site shall be maintained in conformity with the regulations
for the district in which it is located.
Upon determination that a nonconforming use of a property has
thus ceased, the Community Development Director shall provide notice
of the status of the property to the legal owner by registered mail.
The nonconforming use shall be considered to be abandoned or discontinued,
if the owner fails to demonstrate the contrary to the City within
twenty-one (21) days after the mailing of the status notice.
Exception. This subsection shall not apply to nonconforming
dwelling units.