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18.120.040
<br />C. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site
<br />or another structure or site which it did not occupy on the effective date of the ordinance codified in this chapter,
<br />or of the amendments thereto that caused it to become a nonconforming use, or in such a way as to displace any
<br />conforming use occupying a structure or site, except as permitted in this section.
<br />D. No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing
<br />conditions and the standards for front yard, side yards, rear yard, height of structures, distances between struc-
<br />tures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.
<br />No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to
<br />the standards for front yard, side yards, rear yard, height of structures, basic floor area, distances between struc-
<br />tures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.
<br />E. The nonconforming use of a structure or site shall not be changed to another nonconforming use.
<br />F. No use which fails to meet the required conditions for the district in which it is located by reason of noise, emis-
<br />sions, odor, vibration, heat, cold, glare, electrical disturbance, radiation, insect nuisance, or waste disposal, shall
<br />be enlarged or extended or shall have equipment that results in failure to meet required conditions replaced unless
<br />the enlargement, extension or replacement will result in elimination of nonconformity with required conditions.
<br />(Prior code § 2- 10.34)
<br />18.120.040 Abandonment of nonconforming use.
<br />Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a con-
<br />tinuous period of 90 days or more, the nonconforming use shall not be reestablished, and the use of the structure or site
<br />thereafter shall be in conformity with the regulations for the district in which it is located; provided, that this section
<br />shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall include cessation of a use re-
<br />gardless of intent to resume the use. (Prior code § 2- 10.35)
<br />18.120.050 Restoration of damaged structure or sign.
<br />A. Whenever a structure or sign which does not comply with the standards for front yard, side yards, rear yard,
<br />height of structures, distances between structures, courts, or usable open space prescribed in the regulations for
<br />the district in which the structure is located, or in the case of signs, with any of the requirements of Chapter 18.96
<br />of this title, or the use of which does not conform with the regulations for the district in which it is located, is de-
<br />stroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the
<br />structure may be restored and the nonconforming use may be resumed, provided that restoration is started within
<br />one year and diligently pursued to completion.
<br />13. Whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of
<br />structures, distances between structures, courts, or usable open space prescribed in any regulations for the district
<br />in which it is located, or the use of which does not conform with the regulations for the district in which it is lo-
<br />cated, is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than 50
<br />percent, or is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full
<br />conformity with the regulations for the district in which it is located, and the nonconforming use shall not be re-
<br />sumed.
<br />C. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the
<br />structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire
<br />structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved
<br />by the community development director. (Ord. 2000 § 1, 2009; prior code § 2 -10.36)
<br />18.120.060 Elimination of nonconforming use, structure or sign.
<br />Nonconforming uses, structures and signs listed in 'fable 18.120.060 shall be discontinued and removed from
<br />their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified
<br />time after they become nonconforming.
<br />(Pleasanton Stipp. No. 3, 1 -10)
<br />702
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