Division V. Nonconforming Uses, Buildings and Structures
Chapter 17.58
NONCONFORMING USES
Sections:
17.58.020 Designated – Provisions for termination, extension.
17.58.030 Removal, razing or remodel of structure.
17.58.040 Destruction, damage or obsolescence of structure.
17.58.050 Termination – Industrial and commercial zones.
17.58.010 Intent.
Where buildings or lots legally existing on the effective date of the ordinance adopting these regulations are not in conformity with the provisions of these regulations, this chapter is intended to declare such uses to be nonconforming and to encourage these nonconforming buildings and uses to be brought to or toward conformity as rapidly as possible, all for the purpose of protecting the public health, safety and general welfare. (Ord. 441 § 1, 2000).
17.58.020 Designated – Provisions for termination, extension.
A. Nonconforming uses shall be those uses in any zone that are not provided for in the permitted or conditional uses for each zone. Such uses shall be determined within 15 years of the effective date of the ordinance codified in this chapter, or from the date such uses become nonconforming, whichever is later.
B. When said nonconforming use is terminated, at or before the end of the amortization period, every future use shall be in conformity with the provisions of this title.
C. A nonconforming use may be expanded or extended only within the existing building, provided no structural alterations except those required by law or ordinance shall be made.
D. If a nonconforming use of land is discontinued for a period of 180 days, any further use of the land shall be in conformity with this chapter. (Ord. 441 § 1, 2000).
17.58.030 Removal, razing or remodel of structure.
The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed, razed or remodeled to the extent of 50 percent of the fair market value as determined by the last equalized assessment roll of the county. (Ord. 441 § 1, 2000).
17.58.040 Destruction, damage or obsolescence of structure.
The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use is (are) damaged or destroyed from any cause so as to become obsolete or become(s) obsolete under municipal ordinance. (Ord. 441 § 1, 2000).
17.58.050 Termination – Industrial and commercial zones.
The right to operate and maintain nonconforming uses in the industrial and commercial zones shall terminate if the use is not made to comply with the performance standards of that zone within seven years of the effective date of the ordinance codified in these regulations. (Ord. 441 § 1, 2000).