17.80.050 Nonconforming uses – Substitution, extension, discontinuance, etc.

A nonconforming use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the zone in which it is located, except as follows:

1. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

2. When authorized by the community development director or designee, in accordance with this title, a building devoted to a nonconforming use may be completed upon the lot occupied by such building; provided, that such completion is necessary and incidental to the existing use of such building.

3. A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming.

4. A nonconforming use in a conforming structure damaged by fire, wind, tornado, earthquake, or other natural disaster or calamity may be restored as it existed previously and its use may be continued so long as restoration is complete within one year.

B. Discontinuation. A nonconforming use shall be deemed to have ceased when it has been discontinued either temporarily or permanently for a period of 12 months or more, and there is evidence that there was an intent to abandon such use. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

Any of the following shall be considered evidence of intent to abandon a nonconforming use:

1. Actual notice given by a property owner or his authorized agent.

2. Constructive notice given to the public, city, county, or other government agency.

3. Cessation of any city-required utility service, such as culinary water, sewer, or electrical power, for a period of 12 months or greater.

4. Cessation of all maintenance for a period of 12 months or greater.

5. A 75 percent or greater reduction in scope of nonconforming operation(s) within a period of 12 months.

6. Failure to implement city, county, state or federal ordinances within six months of written notification.

7. Failure by a property owner or his authorized agent to physically occupy a structure or property within a period of 12 months. [Ord. 08-17-2021B § 2 (Exh. A)].