Chapter 18.25
NONCONFORMING USES

Sections:

18.25.010    Continuance--Extension prohibited.

18.25.015    If use is discontinued.

18.25.020    Continuance--Where building not involved.

18.25.030    Building valued at or under five hundred dollars.

18.25.040    Outdoor advertising structure.

18.25.050    Use of previously abandoned building.

18.25.060    Enlargement and extension prohibited--Exception.

18.25.070    Reconstruction of damaged building.

18.25.080    Applicability to prior construction.

18.25.090    Auto wrecking establishments.

18.25.100    Above ground petroleum production storage facilities.

18.25.010 Continuance--Extension prohibited.

Except as otherwise provided in this chapter, the lawful use of land, buildings, or structures existing on January 2, 1964, may be continued, although such use does not conform to the regulation specified by this title for the district in which such land, building or structure is located; provided, however, that no such nonconforming use may be extended to occupy a greater area of land, building or structure than that occupied by such use on January 2, 1964; provided, further, that if any such nonconforming use is abandoned, any subsequent use of such land or building shall be in conformity with the regulations specified by this title for the district in which such land is located.  (1996 zoning code (part)).

18.25.015 If use is discontinued.

If any use is wholly discontinued for any reason, except pursuant to an order of court for a period of one year, it shall be conclusively presumed that it has been abandoned within the meaning of this chapter.  (1996 zoning code (part)).

18.25.020 Continuance--Where building not involved.

Where no building or structure is involved, the nonconforming use of land may be continued.  Bunkers used in quarry operation shall not be considered buildings or structures within the meaning of this chapter.  Nothing herein shall be construed to sanction the maintenance of any accumulation of junk or rubbish in any district in which such accumulation is not permitted.  (1996 zoning code (part)).

18.25.030 Building valued at or under five hundred dollars.

Any nonconforming building or structure that had an assessed valuation of five hundred dollars or less as shown on the assessment roll of the county assessor on January 2, 196, or at the time it may become nonconforming by virtue of any amendment hereto, shall be completely removed from the premises upon which it is located within two years from January 2, 1964.  (1996 zoning code (part)).

18.25.040 Outdoor advertising structure.

Any nonconforming outdoor advertising structure or sign shall be completely removed from the premises upon which it is located within two years from January 2, 1964.  (1996 zoning code (part)).

18.25.050 Use of previously abandoned building.

If a nonconforming use hereunder is abandoned for a continuous period of not less than six months, any future use of said building shall be in conformity to the regulations specified in this title for the district in which said building is located.  If any use is wholly discontinued for any reason, except pursuant to an order of court for a period of one year, it shall be conclusively presumed that it has been abandoned within the meaning of this chapter.  (1996 zoning code (part)).

18.25.060 Enlargement and extension prohibited--Exception.

No existing building designed, arranged or intended for or devoted to a use while lawful when such building was erected, which use is not permitted under the regulations specified by this title for the district in which such building or premises is located, shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted under the regulations specified by this title for such district in which said building is located; provided, however, that the work done in any period of twelve months on ordinary structural maintenance and/or repairs or replacements of fixtures, or plumbing not exceeding twenty-five percent of the building’s assessed value according to the assessment thereof by the assessor of the city for the fiscal year in which such work is done, shall be permitted.  (1996 zoning code (part)).

18.25.070 Reconstruction of damaged building.

If at any time any building in existence or maintained on January 2, 1964, which does not conform to the regulations for the district in which it is located, shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent that the cost of reconstruction, repairing or rehabilitating same would amount to more than fifty percent of the assessed value thereof according to the assessment thereof by the assessor for the fiscal year during which such destruction occurs, then and without further action by the city council, the building and land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations specified by this title, for the district in which such land and building are located.  (1996 zoning code (part)).

18.25.080 Applicability to prior construction.

Nothing contained in this title requires any change in the plans, construction or designated use of any building upon which actual construction was lawfully and substantially begun prior to the establishment of any district or regulation under the provisions of this title, which construction has been diligently carried on; provided, that nothing herein shall affect the authority of the city council to adopt, as an emergency measure, temporary interim zoning legislation as provided by law.  (1996 zoning code (part)).

18.25.090 Auto wrecking establishments.

Any nonconforming use of property for auto wrecking establishments shall cease within two years from becoming nonconforming, unless granted a use permit or approval as provided under this title.  (1996 zoning code (part)).

18.25.100 Above ground petroleum production storage facilities.

Any existing nonconforming use of property that involves the above ground storage of petroleum products for purposes of resale, including but not limited to gasoline, diesel fuel, and propane, shall cease within two years of the effective date of the ordinance codified in this title.  Where any such use is presently conforming, and becomes nonconforming after the effective date of the ordinance codified in this title, it shall cease within two years of becoming a nonconforming use.  (1996 zoning code (part)).