Chapter 18.200
NONCONFORMING BUILDINGS, USES AND LOTS
Sections:
18.200.010 Purpose and objectives.
18.200.020 Continuation, maintenance, repairs, and alterations.
18.200.030 Additions, enlargements, and moving.
18.200.040 Alteration where parking insufficient.
18.200.050 Restoration of damaged buildings.
18.200.060 Abandonment of building or structure.
18.200.080 Cessation of nonconforming animals.
18.200.090 Change of nonconforming use of land.
18.200.100 Cessation of nonconforming use of land.
18.200.010 Purpose and objectives.
The purpose of this chapter is to control and gradually eliminate those uses of land, buildings, or lots which, although legal at the time of their establishment, do not now conform to the use, height, location, and similar regulations of the district within which they are situated. [Code 1997 § 12-150-005.]
18.200.020 Continuation, maintenance, repairs, and alterations.
Except as herein specified, any use, building, structure, or lot, lawfully existing at the time of the enactment or subsequent amendment of this title, may be continued and maintained, even though such use, building, structure, or lot does not conform with the provisions of this title for the zone in which it is located.
Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use with a valid building permit, as provided in this chapter.
A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming. [Code 1997 § 12-150-010.]
18.200.030 Additions, enlargements, and moving.
A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to a new location on the lot except where a permit is authorized by the planning commission after a hearing, upon finding:
(1) The addition to, enlargement of, or moving of the building will be in harmony with the purposes of and shall be in keeping with the intent of this title.
(2) The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure. [Code 1997 § 12-150-015.]
18.200.040 Alteration where parking insufficient.
A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged; provided, that authorization has been given by the city council and additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement. [Code 1997 § 12-150-020.]
18.200.050 Restoration of damaged buildings.
In the event that a nonconforming building or structure, or building or structure occupied by a nonconforming use, is damaged or partially destroyed by fire, flood, wind, or earthquake, not in excess of 60 percent of its market value, the use or occupancy of such building which existed at the time of such damage or destruction may be continued or resumed; provided, that the restoration is begun within a period of one year and is completed in a period not to exceed two years form the time of destruction. In the event that the building is destroyed to more than 60 percent of market value, no reconstruction or restoration shall be pursued, except in the case of residences or accessory farm buildings, unless every portion of such building is made to conform to all regulations for new buildings in the zone in which it is located, as determined by the building official, and other requirements as may be imposed by site plan review. [Code 1997 § 12-150-025.]
18.200.060 Abandonment of building or structure.
A building or structure or portion thereof occupied by a nonconforming use, which is or hereafter becomes vacant, and remains unoccupied for a continuous period of six months, shall be considered abandoned, whether or not the intent is to abandon the said use, and shall not thereafter be occupied except by a use which conforms to the regulations of the zone in which it is located. [Code 1997 § 12-150-030.]
18.200.070 Change of use.
Whenever a nonconforming use has been changed to a conforming use, such a use shall not thereafter be changed or returned to a nonconforming use. [Code 1997 § 12-150-035.]
18.200.080 Cessation of nonconforming animals.
Whenever the keeping of nonconforming animals has ceased for the period of one continuous year, whether or not the intent is to abandon the practice, the keeping of nonconforming animals shall not be resumed. [Code 1997 § 12-150-040.]
18.200.090 Change of nonconforming use of land.
The nonconforming use of land may be added to, enlarged, or moved to a new location on the lot upon which the use is established; provided, that the board of adjustment, after notification of all property owners within 1,000 feet of the boundary of the lot where the use is established, find that such change shall be in harmony and keeping with the purpose of this title, that it does not impose unreasonable burden on adjoining land or use, and that the use is compatible with the general environment of the neighborhood. Application for change of a nonconforming use shall be submitted to the board of adjustment. Notification shall be as set forth in RCC 2.80.070, Notice. [Code 1997 § 12-150-045.]
18.200.100 Cessation of nonconforming use of land.
A nonconforming use of land, or any portion thereof, which is abandoned or changed for a period of one continuous year or more, shall cease to have continuing status and any future use of such land as was occupied by a nonconforming use shall be consistent with the provisions of this title. [Code 1997 § 12-150-050.]