18.50.040 Nonconforming Uses, Substitution, Extension

A nonconforming use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the district in which it is located, and a nonconforming building shall not be reconstructed or structurally altered unless such alteration results in removing those conditions of the building which render it nonconforming, except as follows: A. More Desirable. When authorized by the city council in consideration of the prior recommendation of the planning commission, and in accordance with this title, a nonconforming use which is determined to be of a more desirable nature may be substituted for another nonconforming use. B. Repairs. Repairs and structural alterations necessary for building safety may be made to a nonconforming building provided that the floor area of such building is not increased. C. Maintenance permitted. Nonconforming buildings or structures may be maintained. D. Within Building. 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. E. Force Majeure. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of nature or the public enemy, may be restored. The occupancy or use of such building structure or part thereof which existed at the time of such partial destruction may be continued or resumed provided that such restoration is started within a period of one year and is diligently prosecuted to completion within a period of two years. No reconstruction shall be made, except in the case of residences or accessory farm buildings, unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located, as determined by the planning director. (Ord. 95-16, 12/12/95: prior code Ord. 87-17.03 (part), 1987 and prior code §34-18-4)