Chapter 17.460
NONCONFORMING USES, STRUCTURES AND USE OF STRUCTURES

Sections:

17.460.010    Purpose.

17.460.015    Extensions.

17.460.020    Nonconforming uses of land.

17.460.030    Application for change of nonconforming uses of land.

17.460.040    Nonconforming structures.

17.460.050    Nonconforming uses of structures.

17.460.010 Purpose.

Within the zoning districts established by this title or any amendment later adopted, there may exist uses of land and/or structures that were lawful before the effective date of the applicable regulations, but which would be restricted, regulated or prohibited under the terms of this title or future amendment. Except as specifically allowed by this chapter, this chapter is intended to permit these nonconformities to continue until they are removed or discontinued.

(Ord. 470-2011 § 3 (part), 2011: Ord. 281 (2002) § 11, 2002: Ord. 216 (1998) § 4 (part), 1998)

17.460.015 Extensions.

As to time frames noted in this chapter, the director may extend time frames on a case-by-case basis where such time frames cannot be met. If the director extends the schedule and/or imposes deadlines other than are set forth in this chapter, he must make the following findings: (A) the reason for the required change is due to circumstances beyond the control of the applicant; (B) the change is the minimum necessary required to meet the conditions of this chapter; and (C) the change in time does not exceed the original time frame or deadline by more than twelve months. The decision of the director shall be considered a Type II decision and may be appealed to the hearing examiner.

(Ord. 470-2011 § 3 (part), 2011)

17.460.020 Nonconforming uses of land.

Where a lawful use of land exists that is not allowed under current regulations, but was allowed when the use was initially established, that use may be continued so long as it remains otherwise lawful, and shall be deemed a nonconforming use.

A.    Unless specifically stated elsewhere in this title, if a nonconforming use not involving a structure has been changed to a conforming use, or if the nonconforming use ceases for a period of twenty-four months or more, said use shall be considered abandoned, and said premises shall thereafter be used only for uses permitted under the provisions in the zone in which it is located.

B.    A nonconforming use not involving a structure, or one involving a structure (other than a sign) having an assessed value of less than $200.00, shall be discontinued within two years from the date of passage of the ordinance codified in this title.

C.    If an existing nonconforming use or portion thereof, not housed or enclosed within a structure, occupies a portion of a lot or parcel of land on the effective date hereof, the area of such use may not be expanded, nor shall the use or any part thereof, be moved to any other portion of the property not historically used or occupied for such use; provided, that this shall not apply where such increase in area is for the purpose of increasing an off-street parking or loading facility to the area used by the activity carried on in the property; and provided further, that this provision shall not be construed as permitting unenclosed commercial activities where otherwise prohibited by this title.

(Ord. 470-2011 § 3 (part), 2011: Ord. 281 (2002) § 12, 2002: Ord. 216 (1998) § 4 (part), 1998)

17.460.030 Application for change of nonconforming uses of land.

The director may grant an application for a change of use to another nonconforming use if, on the basis of the application and the evidence submitted, the director makes the following findings:

A.    That the proposed use is classified in a more restrictive category than existing or preexisting uses by the zone regulations of this title. The classifications of a nonconforming use shall be determined on the basis of the zone in which it is first permitted; provided, that a conditional use shall be a more restrictive category than a permitted use in the same category.

B.    That the proposed use will not more adversely affect the character of the zone in which it is proposed to be located than the existing or preexisting use.

C.    That the change of use will not result in the enlargement of the space occupied by a nonconforming use, except as allowed by Section 17.460.020(C).

The decision of the director shall be considered a Type II decision and may be appealed to the hearing examiner.

(Ord. 470-2011 § 3 (part), 2011)

17.460.040 Nonconforming structures.

When, before the effective date of the adoption or amendment of the applicable regulation, a lawful structure existed that would not be permitted by the regulations thereafter imposed by this title, or amendments thereof, the structure may be continued so long as it remains otherwise lawful, and shall be deemed a nonconforming structure.

A.    A structure nonconforming to the dimensional standards of this title may not be altered or enlarged in any manner unless such alteration or enlargement would bring the structure into conformity with the requirements of the zone in which it is located; provided structural change may be permitted when required to make the structure safe for occupancy or use, provided structural enlargements may be allowed in conformity with the setback requirements of the zone in which it is located, and provided structural enlargements may be allowed if they would not further violate setback requirements; and provided further, that a nonconforming mobile home may be replaced notwithstanding the setback and density provisions of this title, so long as the structure does not further encroach upon any required yard.

B.    If a nonconforming structure is destroyed by any cause, it shall be allowed to be reconstructed as a nonconforming structure up to the same size (total square footage of structure, square foot of footprint of the building and height) and appearance; provided, however, the director has the discretion to allow a different appearance if he finds that it would be more compatible with the zone in which it is located. A complete application for such reconstruction must be filed with the department within a one-year period from the date the structure was destroyed.

C.    A mobile home and/or single-family residence located on a legal nonconforming lot may be replaced if destroyed.

D.    Notwithstanding the foregoing provisions, if a nonconforming structure presents a public health, safety or welfare hazard, it may not be considered a legal nonconforming structure.

(Ord. 470-2011 § 3 (part), 2011: Ord. 216 (1998) § 4 (part), 1998. Formerly 17.460.030)

17.460.050 Nonconforming uses of structures.

When, before the effective date of the adoption or amendment of the applicable regulation, a lawful use of a structure existed that would not be permitted by the regulations thereafter imposed by this title, or amendments thereof, the use of the structure may be continued so long as it remains otherwise lawful, and shall be deemed a nonconforming use of structure.

A.    Continuation of Nonconforming Use. Any nonconforming use of a structure which was lawfully established and which has been lawfully, actively and continually maintained, may be continued subject to the limitations of this section. In all proceedings other than criminal, the owner, occupant or user shall have the burden to show that the use or structure was lawfully established.

B.    Change of Nonconforming Use. A nonconforming use may be changed to another nonconforming use so long as no structural alterations are needed to the structure in which the use is located, and provided the new use is a reduction in the nonconformity and intensity of the existing nonconforming use. Such determination shall be made by the director as a Type II decision and may be appealed to the hearing examiner.

C.    Expansion of Nonconforming Use. A nonconforming use shall not be enlarged or expanded; provided, the structure containing the nonconforming use may be structurally altered to adapt to new technologies or equipment. A nonconforming use of a structure may be extended throughout those parts of a structure which were designed or arranged to such use prior to the date when such use of the structure became nonconforming; provided, that no structural alteration, except those required by the law, are made.

D.    Destruction of Nonconforming Use of Structure. If any nonconforming use of structure is destroyed by any cause, it shall be allowed to be reconstructed as a nonconforming structure up to the same size (total square footage of structure, square foot of footprint of the building and height) and appearance; provided, however, the director has the discretion to allow a different appearance if he finds that it would be more compatible with the zone in which it is located. A complete application for such reconstruction must be filed with the department within a one-year period from the date the structure was destroyed.

E.    Discontinuance of Nonconforming Use of Structures. Any nonconforming use of structure for which the use or occupancy is discontinued for a period of twenty-four months shall not thereafter be allowed as a nonconforming use of structure.

(Ord. 470-2011 § 3 (part), 2011: Ord. 216 (1998) § 4 (part), 1998. Formerly 17.460.040)