§ 30.76.050. Nonconforming Uses.  


Latest version.
  • Where, at the time of passage of any ordinance codified in this Title, a lawful use existed, which has been made nonconforming by this Title, that use may be continued so long as it remains otherwise lawful, subject to the following provisions. No waivers or variances allowed to this section.

    1.

    Nonconforming uses, which were lawfully established before the ordinance codified in this Title was passed or amended, are declared to be compatible with permitted uses in the districts involved. Legal nonconforming uses shall run with the land and shall be considered for the benefit of the property owner.

    2.

    The use shall not be enlarged, increased or extended to occupy a greater area of land or building than was occupied when the use became nonconforming, nor shall a structure in which a nonconforming use is being conducted be expanded unless in conformance with this Title.

    3.

    A nonconforming use may not continue if the structure is removed or destroyed to the extent of fifty percent (50%) of the replacement cost at the time of destruction, nor shall the use be moved to any other portion of the lot or building on the lot.

    4.

    Except for roosters, when animals are permitted as a nonconforming use, the replacement of animals within the time limit, as specified in Subsection 30.76.050(5)(A) or 30.76.050(5)(B), is permitted, providing the number of animals is not increased. Roosters not permitted within the district shall not be replaced, and all unpermitted roosters shall be removed prior to January 1, 2005.

    5.

    Except when government action impedes access to the premises, a nonconforming use may not continue if abandoned for:

    A.

    Six (6) consecutive months for uses in conjunction with structures having a replacement cost of three thousand five hundred dollars ($3,500) or more.

    B.

    Thirty (30) days for uses on land without structures, or structures with a replacement cost of less than three thousand five hundred dollars ($3,500).

(Ord. 3549 § 13, 2007; Ord. 3106 § 14, 2004; Ord. 2481 § 3 (part), 2000)