§ 17.20.010. Existing nonconforming uses.

A.

The lawful use of a structure, land or water, existing at the time of adoption of or amendment to this title, may be continued although the use does not conform with the provisions of this title.

1.

Only that portion of the land, structure or water in actual use may be continued. The use may not be extended, enlarged or substituted except as required by law or order so as to comply with the provisions of this title.

2.

Substitution of new equipment may be permitted by the city plan commission if such equipment will reduce the incompatibility of the nonconforming use.

3.

If the nonconforming use is discontinued or terminated for a period of three hundred sixty-five (365) consecutive days, any future use of the structure, land or water shall conform to the provisions of this title. If one of the units in a legal, nonconforming two-family dwelling remains vacant for three hundred sixty-five (365) days, the use shall not be considered discontinued if, during the entire three hundred sixty-five (365) day period, the following conditions are met:

a.

The structure remains in compliance with all codes and regulations applicable to a two-family use. This includes, but is not limited to, maintaining separate entrances and mailing addresses for each unit in the structure.

b.

The unit is actively advertised for rent by the property owner in good faith. The property owner must be able to provide dated proof of advertisement, such as a newspaper sheet containing the listing and showing the date of the advertisement.

c.

The unit has not been used for any purpose other than a dwelling unit.

B.

Any prior legal use made nonconforming by this title or by an amendment to it may be granted legal conforming status by the issuance of a conditional use permit, subject to the standards and procedures prescribed by Sections 17.04.210, 17.04.230, and 17.04.240. Any prior legal use made nonconforming by a modification to the official zoning map after the effective date of this title or amendment to it may be granted legal conforming use status by changing the zoning district of the affected property to an appropriate district through a zoning map amendment. Such requested zoning amendment shall be subject to the standards and procedures prescribed by Section 17.08.030.

(Ord. 149-2007; prior code § 10-4-130)

(Ord. No. 170-2009, § 101, 10-22-09; Ord. No. 179-2009, 4-13-2010; Ord. No. 183-2009, § 101, 4-13-2010)