§ 9.10.040. Loss of nonconforming status.

Nonconforming uses, buildings or structures shall be subject to abatement and termination of usage, in the manner hereafter described in this section.

(1)

Termination; violation of law; change of use. Whenever any of the following facts are found by the City Council to exist with reference to a nonconforming use, building or structure, the same shall automatically be deemed abated and usage thereof shall forthwith be terminated, except as otherwise herein expressly provided:

a.

Violation of any applicable law;

b.

A change from a nonconforming use to another nonconforming use;

c.

An increase or enlargement of the area, space or volume of the building, structure or land occupied by, or devoted to a nonconforming use, except as otherwise herein provided;

d.

A change from a nonconforming use to a conforming use; or

e.

Abandonment of a nonconforming use. Whenever such use has been discontinued for any reason whatsoever for a period of six months or more, there shall arise a rebuttable presumption that there has been an intent by the owner to abandon such use.

(2)

Termination by operation of law. Nonconforming buildings, uses and structures shall be abated and such usage thereof shall be terminated upon the expiration of the periods of time indicated hereinafter in this subsection. Said periods of time shall be deemed to commence to run as of the date that such use, building or structure first became nonconforming by reason of the application thereto of the development code of the City:

a.

Where the property is unimproved, except for structures of a type for which the City's building regulations do not require a permit, one year;

b.

Where the property is unimproved except for buildings or structures which contain less than 500 square feet of gross floor area, three years;

c.

Where the total assessed valuation of all improvements on the property at the time the improvement or use first became nonconforming by reason of the application of this development code is $500.00 or less, three years;

d.

Signs:

1.

Billboards or outdoor advertising structures, ten years after date of construction, or five years after becoming nonconforming, whichever is later;

2.

Portable signs, banners, cloth signs and paper signs, 90 days;

3.

Painted wall and window signs, six months;

4.

All other signs, ten years after date of construction or five years after becoming nonconforming, whichever is later;

e.

A nonconforming use of a conforming building or structure, five years; and

f.

Nonconforming buildings and structures shall be abated, and the usage thereof terminated, within the periods of time as herein set forth, based on the building type as defined in the building regulations of the City, as follows:

1.

Type I and II buildings: 25 years;

2.

Type III buildings: 20 years;

3.

Type IV buildings: ten years;

4.

Type V buildings: 15 years.

(3)

Order of abatement. Where any one of these facts set forth in Subsection (1) of this section are found to exist by the City Manager, or where the City Manager finds that the abatement period, as to a building, structure or use, as set forth in Subsection (2) of this section, has expired, the City Manager shall give a written order of abatement to the owner and to the person in possession of the property, if any. For the purposes of this chapter, an owner means any person with a legal or equitable interest in and to real property, except for the purposes of Subsection (2)d.2 and 3 of this section only, when notification of the owner, as shown on the last equalized assessment rolls, and the occupant of the building shall be deemed to be adequate notice. Said order shall be deemed final and conclusive, and shall be complied with, within 30 days after the mailing thereof, in the absence of an appeal, as hereinafter provided.

(4)

Appeals. An appeal may be filed with the City Clerk within 30 days after the mailing of such order by the City Manager. Any person who is the owner, or has possession of the property to which such order relates, may file an appeal. Upon receipt of an appeal, the City Council shall conduct a hearing thereon; notice thereof shall be given in the manner prescribed in Section 9.16.030. At the time and place set for the hearing, the City Council shall give the appellant a reasonable opportunity to be heard; said City Council may consider any applicable staff report in order to determine the question of whether the said use, building or structure has lost its nonconforming status pursuant to the provisions hereof. The City Council's decision shall be final and conclusive.

(Ord. No. 297, § 9.02.030.040, 3-20-2007)