§ 9.67.060. Existing uses, exemption.

Notwithstanding any provision of this title to the contrary, any building and/or structure located on any A-1 zoned lot:

(1)

Which was in existence under a valid building permit or for which building permits have been issued as of the date of adoption of the ordinance from which this title is derived;

(2)

Which conformed to the development code regulations of the City in effect as of said date; and

(3)

Which would otherwise be rendered nonconforming solely by reason of the application thereto of this chapter, shall not be deemed to have acquired a nonconforming status, within the meaning given in Section 9.25.020, provided:

a.

That any new use, building or structure proposed to be located on such lot shall comply with all of the regulations contained in this title as to such proposed new use, building or structure; and

b.

That the exemption granted hereunder shall not apply to any building or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the assessed value of such building or structure, as estimated by the Building Official, for building permit purposes.

(Ord. No. 297, § 9.05.040.060, 3-20-2007)