§ 17.18.050. Continuation of nonconforming uses.

A.

Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions of Sections 17.18.070 or 17.18.080.

B.

Continuation When a Nonconforming Use is Damaged or Destroyed. The following provisions shall apply when a nonconforming use is damaged or destroyed:

1.

When a nonconforming use and associated structure are damaged, and reconstruction costs do not exceed seventy-five percent of the structure's value using the most recent ICBO construction tables, the nonconforming use may be replaced as it was prior to the damage. If the structure was also nonconforming, the structure may be rebuilt as it was immediately prior to the damage or in a manner that is more conforming in accordance with Section 17.18.060(C).

2.

When the reconstruction costs of a nonconforming use and associated structure exceed seventy-five (75) percent of the structures' value using the most recent ICBO construction tables, the hearing examiner shall determine whether or not the nonconforming use shall be allowed to continue in accordance with the provisions of Section 17.18.080, except as provided in subsection 17.18.050(C).

3.

A single-family dwelling in the commercial or industrial districts may be restored within one year regardless of the extent of damage.

(Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)