§ 23.09.012. Nonconforming Use Defined.

Nonconforming use includes any of the following that were lawfully established before the effective date of this title, or amendment to this title that caused the use to become nonconforming:

a.

Nonconforming use of land:

(1)

A use of land established where such use is not identified as an allowed, special use or principally permitted use ("A" or "S" or "P" use) by Table O, Part I of the Land Use Element.

(2)

A use of land that is identified as an allowed or special use by Table O, Part I of the Land Use Element, but:

(i)

Is not allowable on the particular site because of planning area standards of the Land Use Element; or

(ii)

Was lawfully established without the land use permit now required by this title; or

(iii)

Is operated or conducted in a manner that does not now conform with standards of this title relating to minimum site area, limitations on use, or location criteria.

(3)

A residential use which exceeds the number of dwelling units allowed on the site by this title.

b.

Nonconforming building, structure or site development:

(1)

A building or structure that was established or is conducted in a manner which does not conform with standards or permit requirements of this title relating to setback requirements, height limitations or sign requirements; or

(2)

A building or structure that does not conform with one or more standards of Title 19 of this code (the Building and Construction Ordinance).

(3)

A site that is developed and/or laid out in a manner that does not conform with standards of this title relating to site access location, parking and loading, landscaping, screening, fencing, signs, solid waste collection and disposal, exterior lighting, fire safety or underground utilities.

[Amended 1993, Ord. 2649]