22.80.060 Nonconforming uses.
A. Purpose. The purpose of this section establishes the terms and conditions for continuing nonconforming uses, structures and lots which are lawfully established prior to the effective date of the ordinance codified in this title.
B. Standards.
1. A legally established nonconforming lot, use or structure shall be deemed a legal nonconforming lot, use or structure and may be continued, transferred or conveyed and/or used as if conforming.
2. The burden of establishing that any nonconforming lot, use or structure lawfully existed as of the effective date of the ordinance codified in this chapter shall, in all cases, rest with the owner and not with the city.
C. Maintenance and Repair of Nonconforming Structures. Normal maintenance and incidental repair of legal nonconforming structures shall be permitted; provided, that it complies with all the sections of this chapter and other pertinent chapters of this code.
D. Reconstruction. Reconstruction, restoration or repair of a legal nonconforming structure damaged by fire, flood, earthquake or other disasters shall be permitted; provided, that such reconstruction shall not result in the expansion of the nonconforming structure.
E. Expansion of Nonconforming Use or Structure. No legal nonconforming use or structure may be expanded, enlarged, or extended in any way (including extension of hours of operation) unless such modification is in full compliance with this chapter or the terms and conditions of approved permits pursuant to this chapter.
F. Discontinuance of Nonconforming Use. All legal nonconforming uses shall be encouraged to convert to a conforming use whenever possible. Conformance shall be required when:
1. The use has changed;
2. The structure(s) in which the use is conducted has moved; or
3. The use is terminated or discontinued for more than two years, or the structure(s) which houses the use is vacated for more than two years. (Ord. 005/2019 § 10 (Exh. B))