§ 17.64.020. Nonconforming uses of structures and land.

Where use(s) of structures and/or land with or without structure(s) thereon are not in conformity with the provisions of this title, and where the uses of structures and/or land are incompatible with the uses permitted in the district in which they are located, or where such existing uses are specifically prohibited, they shall be deemed nonconforming.

A.

Purpose.

1.

It shall be the intent and purpose of this section to prescribe a reasonable period of time for the termination of nonconforming uses of structures and/or land for the purpose of protecting the health, safety, welfare, convenience and prosperity of the persons residing in the neighborhood and district in which the nonconforming uses exist.

2.

The provisions of this title shall apply to the uses thereof which become nonconforming due to any reclassification of districts under this title or any subsequent change in the regulations of this title after the date of adoption of this code.

B.

Nonconforming Use Regulations. All nonconforming uses of structures and/or land shall be subject to the following regulations:

1.

A nonconforming use of a nonconforming structure may be expanded or extended throughout the structure; provided, however, that no structural alterations except as required by law or ordinance are made therein; and provided further, that the uses of the structure are not incompatible with the use of the property in the district. Further, if no structural alterations are made, a nonconforming use of a nonconforming structure may be changed to permit a similar or more restrictive type of nonconforming use; provided, however, that the new use be determined by the city council to be more compatible with the uses permitted in the district.

2.

Nonconforming, nonresidential uses in a residential district may be allowed to remain beyond the established amortization period described in subdivision 6 of this subsection; provided, that a petition is signed by a majority of the residents of the district defined by a radius of five hundred feet from the external boundaries of the affected nonresidential, nonconforming use, and that the city council, after due hearing and presentation of the petition, adopts a resolution granting an extension for a specific length of time with such conditions to protect the adjacent residential areas as shall be deemed proper and necessary. These provisions shall apply to any nonconforming use designated as landmark overlay pursuant to Chapter 17.38 of this code. If these requirements are not met, then they shall be completely removed, altered or converted to comply with the structures and uses permitted in the district within which it is located, within the established amortization period.

3.

Any nonconforming use which is altered or changed to a conforming use may not thereafter be used for a nonconforming use.

4.

That in all commercial districts every residential use, except where specifically provided for, shall be and is deemed to be nonconforming and incompatible, subject to the provisions of subdivision 2 of this subsection.

5.

Where automobile parking facilities are insufficient to meet the standards set forth in this title, or where no such parking facilities have been provided for structures prior to the effective date of this title, such structures may not be altered unless the off-street parking requirements for the district in which such use and/or structure is located have been met.

6.

Any nonconforming use may continue for an amortization period not to exceed three years after the effective date of this title, unless otherwise approved for an extension beyond the period by the city council pursuant to subdivision 2 of this subsection, subject to the following conditions:

a.

Such nonconforming use shall not be expanded in any way either on the same or adjoining property.

b.

Where such nonconforming use or any portion thereof is discontinued for one hundred eighty days, the nonconforming use shall be considered as terminated and any future use shall be in conformity with the provisions of this title.

7.

Nothing in the foregoing sections shall be construed or applied to require the termination, discontinuance or removal; or prevention of expansion, modernization, replacement, repairing, maintenance, alteration, reconstruction, or rebuilding of public utility buildings, structures, equipment and facilities; provided, there is no change of use or increase in the area of the property used.

(Prior code § 1897)