Chapter 17.460
NONCONFORMING USES AND STRUCTURES

Sections:

17.460.010    Purpose.

17.460.020    Nonconforming uses of land.

17.460.030    Nonconforming structures.

17.460.040    Nonconforming uses of structures.

17.460.010 Purpose.

Unless specifically stated elsewhere in this title, a use lawfully occupying a structure or site on the effective date of this title or of amendments thereto which does not conform to the use regulations for the zone in which it is located, is deemed to be a non-conforming use and may be continued, subject to the regulations hereinafter.

(Ord. 281 (2002) § 11, 2002: Ord. 216 (1998) § 4 (part), 1998)

17.460.020 Nonconforming uses of land.

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

1.    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.

2.    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.

3.    That the change of use will not result in the enlargement of the space occupied by a nonconforming use. Except that, a nonconforming use of a building may be extended throughout those parts of a building which were designed or arranged to such use prior to the date when such use of the building became nonconforming, provided that no structural alteration, except those required by the law, are made.

The decision of the director may be appealed to the hearing examiner.

B.    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 six 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.

C.    A nonconforming use not involving a structure, or one involving a structure (other than a sign) having an assessed value of less than two hundred dollars, shall be discontinued within two years from the date of passage of this title.

D.    A use which is nonconforming with respect to provisions for screening shall provide screening within five years from the date of passage of this title.

E.    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 theretofore regularly and actually 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 specified in this title for the activity carried on in the property; and provided further that this shall not be construed as permitting unenclosed commercial activities where otherwise prohibited by this title.

(Ord. 281 (2002) § 12, 2002: Ord. 216 (1998) § 4 (part), 1998)

17.460.030 Nonconforming structures.

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.    A nonconforming structure may be maintained with ordinary care.

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

(Ord. 216 (1998) § 4 (part), 1998)

17.460.040 Nonconforming uses of structures.

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 non-conforming use so long as no structural alterations are needed to the structure in which the use is located; provided, any such change of use shall be to a use of equal or greater conformity to those permitted in the zone.

C.    No 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.

D.    Expansion of Nonconforming Structures. A structure which is nonconforming by reason of substandard lot dimensions, setback requirements, lot area or a building height in excess of that which is permitted by this title but which does not contain non-conforming uses, may be enlarged or expanded so long as the enlargement or expansion conforms to the requirements of this title; provided, a structure may be expanded to the building line but it may never be expanded to encroach upon a street or be within five feet of a property line other than a street property line.

E.    Destruction of Nonconforming Use or Structure. If any nonconforming use or structure is destroyed by any cause, it shall be allowed to be reconstructed or reinstated as a non-conforming use in a similar size and appearance within a period of one year from the date the use or structure was destroyed.

F.    Discontinuance of Nonconforming Use or Structures. Any nonconforming use or structure for which the use or occupancy is discontinued for a period of one year shall not thereafter be allowed as a nonconforming use or structure.

(Ord. 216 (1998) § 4 (part), 1998)