Chapter 17.64
NONCONFORMING USES

Sections:

17.64.010    Continuation of nonconforming use.

17.64.020    Change of nonconforming use.

17.64.030    Discontinuance of a nonconforming use.

17.64.040    Destruction of nonconforming use or structure.

17.64.050    Completion of structure.

17.64.060    Enlargement or alteration of a nonconforming structure.

17.64.070    Preexisting conditional use permit or variance.

17.64.010 Continuation of nonconforming use.

A use lawfully occupying a structure or site on the effective date of the ordinance codified in this title, or of amendments thereto, which does not conform to the regulations for the zone in which it is located, shall be deemed to be a nonconforming use and may be continued, subject to the following regulations:

A. Routine maintenance and repairs may be performed on structures or sites the use of which is nonconforming;

B. No structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use;

C. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. (Ord. 92-3 § 3; Ord. 84-2 § 7.010)

17.64.020 Change of nonconforming use.

The planning commission may grant an application for a change of use, filed in accordance with the provisions of LCMC 17.76.010, if, on the basis of the application and the evidence submitted, they make the following findings:

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

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 that a nonconforming use of a building may be extended throughout those parts of a building which were designed or arranged for such use prior to the date when such use of the building became nonconforming; provided, that no structure alterations except those required by law are made. (Ord. 92-3 § 3; Ord. 84-2 § 7.020)

17.64.030 Discontinuance of a nonconforming use.

If a nonconforming use has been changed to a conforming use, or if the nonconforming use of a building, structure or premises ceases for a period of six months or more, the use shall be considered abandoned, and the building, structure or premises shall thereafter be used only for uses permitted as a matter of right or as conditional uses in the zone in which it is located. (Ord. 92-3 § 3; Ord. 84-2 § 7.030)

17.64.040 Destruction of nonconforming use or structure.

If a nonconforming structure or one containing a nonconforming use is destroyed by any cause to an extent exceeding 50 percent of the appraised value as determined by the records of the county assessor for the year preceding destruction, a future structure or use on the property shall conform to the regulations for the zone in which it is located. (Ord. 92-3 § 3; Ord. 84-2 § 7.040)

17.64.050 Completion of structure.

Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a valid permit exists prior to the adoption of the ordinance codified in this chapter and subsequent amendments thereto, except that if the designated use will be nonconforming it shall, for the purposes of LCMC 17.64.030, be a discontinued use if not operational within two years of the date of issuance of the building permit. (Ord. 92-3 § 3; Ord. 84-2 § 7.050)

17.64.060 Enlargement or alteration of a nonconforming structure.

If a building, or structure, in existence on the effective date of any yard, location, or coverage restriction imposed by this title, fails to comply with such restriction, such building or structure may be enlarged or altered to the extent that such alteration or enlargement does not itself encroach upon a required yard or violate a location restriction or so increase the area of the building or structure that it violates the coverage restriction; but this right shall be subject to all other restrictions contained in this title. (Ord. 92-3 § 3; Ord. 84-2 § 7.060)

17.64.070 Preexisting conditional use permit or variance.

A use which was lawful by reason of a conditional use permit or variance may be conducted only on the terms of the original permit or variance granted and subject to all limitations under which the permit or variance was awarded. (Ord. 92-3 § 3; Ord. 84-2 § 7.070)