Chapter 19.75
NONCONFORMING USES

Sections:

19.75.010    Continuation.

19.75.020    Permit.

19.75.030    Restoration of damaged building.

19.75.040    City action causing land to become nonconforming – Exceptions from chapter.

19.75.010 Continuation.

The lawful use of the land or premises existing on April 13, 1967 may be continued; but if such nonconforming use is discontinued for a period of one year or more, any further use of those lands or premises shall be in conformity with the provisions of this title. The mere presence of a structure shall not be deemed to constitute the continuance of a nonconforming use unless such structure is actually occupied and employed in maintaining such use. (Ord. 1334, 1967).

19.75.020 Permit.

Notwithstanding any other provision of this title, the planning commission, with the concurrence of a majority of the city council, shall have the power to grant any permit for a nonconforming use in any district, upon application of the owner and satisfactory showing that the property involved was purchased by such owner prior to April 13, 1967, with the plan then in mind to put it to such nonconforming use; provided, that such nonconforming use would have been permissible at the location immediately prior to April 13, 1967. The power to grant any such permit and right to commence the exercise of any such nonconforming use shall terminate one year from April 13, 1967, unless, during said one-year period, such right is fully established and is in full use. (Ord. 1334, 1967).

19.75.030 Restoration of damaged building.

Nothing in this title shall be deemed to prohibit the restoration of a building within a period of six months from the date of its partial destruction to the extent of not more than 50 percent of its replacement value, by fire, explosion, act of God or act of public enemy, or prevent the continuance of the use of such building or part thereof. (Ord. 1334, 1967).

19.75.040 City action causing land to become nonconforming – Exceptions from chapter.

Notwithstanding any other provision of this title, whenever the city or other authorized governmental authority, as a result of the acquisition of right-of-way by purchase or condemnation, or as a result of dedication by short plat process, causes any building or lots to become nonconforming as to the yard requirements, building site dimensions and off-street parking requirements, as set forth herein, such yard requirements, building site dimensions and off-street parking requirements shall not be applicable:

(1) To any lot which becomes a corner lot by virtue of taking the former corner lot for right-of-way; provided, however, any owner thereof who constructs any building thereon or alters any existing building shall comply with the yard requirements for lots other than corner lots and with all off-street parking requirements;

(2) To any lot where any portion thereof is taken for right-of-way purposes; provided, however, the owner thereof in constructing any new building thereon or in altering any existing building shall comply as nearly as may be reasonably practicable with the yard, off-street parking and side dimension requirements when applying to any adjoining property. (Ord. 2014 § 3, 1980; Ord. 1496 § 1, 1970; Ord. 1334, 1967).