§ 17.20.040. Nonconforming uses regulated.

A.

Nonconforming uses are those lawful uses of premises that do not conform with the requirements of this title or any governing amendment thereto.

B.

Nonconforming uses may be continued; if there are no structural alterations, such a use may be changed to a use of the same or of a higher classification. If it is changed to a use in a higher classification or to a conforming use, it cannot be changed back to the original nonconforming use. For the purposes of this subsection, the "same classification" means uses permitted in the same district with a prior listing in this title.

C.

If a nonconforming use is stopped for a period of one year or more, it then must conform to the use regulations of the district in which it is located.

D.

Except for the types of uses provided for in subsection E of this section, a nonconforming use cannot be enlarged, extended, reconstructed or structurally altered unless changed to a conforming use.

E.

Nonconforming industrial uses in the B-2 and B-3 districts may be rebuilt, reconstructed, structurally altered or enlarged if the enlargements do not total more than fifty (50) percent increase in cubical contents of buildings existing on the date of passage of the ordinance codified in this title, and if permits are issued within ten (10) years of the effective date.

F.

If a nonconforming use is damaged or destroyed to the extent of more than fifty (50) percent of its fair market value, by fire, explosion, act of God, or the public enemy, then any restoration must be for a permitted use.

G.

Where a premises is in the R district and is used for open storage, or for signs and billboards, such uses must be discontinued and the stored material and signs and billboards removed within two years after the effective date of the ordinance codified in this title. All junk yards, salvage and scrap operations, and automobile wrecking yards shall conform with the requirements of Section 17.20.010(I)(2) within two years after the effective date of the ordinance codified in this title. Where the enforcement of this section would impose an undue hardship on any property owner concerned, said property owner shall have the right to appeal for relief to the board of adjustment, who, after public hearing, shall have the right to grant an extension of time as required in this section; provided, however, that such extension of time shall not be granted if it would be adverse to the general welfare.

H.

Passage of the ordinance codified in this title in no way legalizes any illegal use existing at the time of its adoption.

I.

Existing uses of types eligible for special permits under Sections 17.20.010(F) and 17.20.020(B) shall be conforming uses and shall receive a special permit for the existing use from the building inspector upon request; but shall require a special permit for any enlargement or addition.

(Prior code Appx. B § 2.4)