Chapter 17.64
NONCONFORMING USES, BUILDINGS AND STRUCTURES
Sections:
17.64.030 Continuation and maintenance.
17.64.040 Alterations and enlargements.
17.64.010 Purpose.
The purpose of this chapter is to regulate the use of nonconforming uses, buildings and structures. It is intended to limit the number and extent of uses, buildings and structures by prohibiting their enlargement and reestablishment after abandonment, prohibiting their major alteration, and their restoration after destruction. (Ord. 90-02 §2(part), 1990).
17.64.020 Definition.
A nonconforming use is one which was lawfully established and maintained prior to the adoption of this title, but under this title does not conform to the use regulations of the district in which it is located.
A nonconforming building or structure is one which was lawfully established and maintained prior to the adoption of the ordinance codified in this title, but under this title does not conform with the development standards, including lot coverage, height, setback, etc., of the district in which it is located. (Ord. 90-02 §2(part), 1990).
17.64.030 Continuation and maintenance.
A use lawfully occupying a site prior to the effective date of the ordinance codified in this title or of amendments thereto, which does not conform to the use regulations of the district in which the use is located, shall be deemed to be a nonconforming use and may be continued, repaired and maintained as provided by this chapter.
A building or structure lawfully occupying a site prior to the effective date of the ordinance codified in this title or of amendments thereto which does not conform to the development standards of the district in which the building or structure is located, shall be deemed to be a nonconforming building or structure and may be continued, repaired and maintained as provided by this chapter. (Ord. 90-02 §2(part), 1990).
17.64.040 Alterations and enlargements.
A nonconforming use that existed prior to the effective date of the ordinance codified in this title, or amendment thereto, shall not be permitted to enlarge on the site which it exists nor within a building.
A nonconforming building or structure may be altered or enlarged if the alteration or enlargement is in conformance with the regulations of the district in which the building or structure is located. (Ord. 90-02 §2(part), 1990).
17.64.050 Vacated use.
If any nonconforming use is vacated for a period of ninety days or more, then any subsequent use of the property shall conform to the regulations and development standards of the zoning district in which the property is located. Similarly, if a use occupying a site with a nonconforming sign or signs is discontinued for a period of ninety days or more, then any subsequent use of the property shall remove the nonconforming sign(s). Any new signs erected on the site shall comply with the current sign standards of the zoning district in which the property is located.
Single-family dwellings shall be exempt from this provision. (Ord. 95-04 §1, 1995; Ord. 90-02 §2(part), 1990).
17.64.060 Restoration.
Whenever a building or structure does not conform to the regulations or development standards of the district in which it is located, and that building or structure is damaged by fire, an act of God, or public enemy to the extent that fifty percent or less of the floor area is lost, as determined by the building official, then the building or structure may be restored and the nonconforming use resumed, provided that the restoration is started within six months and completed within eighteen months from the time the damage is sustained.
Whenever fifty-one percent or more of the floor area of a building or structure is destroyed in a manner described above, the building or structure shall not be restored or reconstructed except in full conformity with the regulations for the zoning district in which it is located. Any nonconforming use located within the building prior to its destruction shall not be allowed to resume operation in that location. Single-family dwellings shall be exempt from this provision. (Ord. 90-02 §2(part), 1990).
17.64.070 Variance permit.
Those nonconforming uses, buildings or structures which were authorized under a variance permit shall be permitted to continue under the conditions imposed in the variance permit. (Ord. 90-02 §2(part), 1990).