17.12.030 Nonconforming uses and non-complying buildings.
A. Applicability. These provisions apply only to legal, nonconforming uses and non-complying structures, and do not apply to illegally established nonconforming uses and non-complying structures. No use may be considered a legally existing nonconforming use under the provisions of this chapter if the use was never lawfully established.
B. Nonconforming Status. The use of land, use of a structure, or a structure itself shall be deemed to have nonconforming status when all of the following conditions are satisfied:
1. The use or structure does not conform to the regulations prescribed in the district in which such use or structure is located and was in existence and lawfully constructed, located and operating prior to, and at the time of, the event that made such use or structure nonconforming.
2. The event that made such use or structure nonconforming was one of the following: annexation into the City; adoption of this code or a previous zoning ordinance, or, amendment of this code or a previous zoning ordinance.
3. The nonconforming use or the use occupying the non-complying structure has been operating since the time that the use or structure first became non-complying without abandonment, as abandonment is defined in Section 17.12.060. (Ord. 10-15, 2010)