Chapter 17.25
NONCONFORMANCE

Sections:

17.25.010    Nonconforming use – General.

17.25.020    Change in nonconforming use.

17.25.030    Discontinuation of a nonconforming use.

17.25.040    Restoration of a nonconforming use.

17.25.050    Enlargement of a nonconforming use.

17.25.060    Maintenance of a nonconforming use.

17.25.070    Nonconforming structure – General.

17.25.080    Change in nonconforming structure.

17.25.090    Maintenance or repair of a nonconforming structure.

17.25.100    Nonconforming mobile home parks.

17.25.110    Nonconforming lot or parcel of record.

17.25.010 Nonconforming use – General.

If, at the time of enactment of the ordinance codified in this title or any amendment, any lot or structure was being used in an otherwise lawful manner but does not conform to the use provisions of this title, the use shall be deemed to be nonconforming. However, it may continue in the manner and to the extent that it existed upon enactment of the ordinance codified in this title or its amendments, subject to the provisions of this chapter. [Ord. 93 § 1.5.1, 1987].

17.25.020 Change in nonconforming use.

(1) Any nonconforming use changed to a use conforming to the regulations established for the district in which it is located shall not afterwards be changed back to a nonconforming use.

(2) A person occupying a nonconforming use may engage in activities within the same structure that are directly permitted by the underlying zone. These activities may be added incrementally. However, if more than 50 percent of the building coverage is used for the permitted use, the nonconforming use shall desist or conform to the requirements of the underlying zone.

(3) An existing, detached structure of a nonconforming use may be converted to a use directly permitted by the underlying zone in addition to the maintenance of the remaining nonconforming use; provided, that the detached structure represents less than 50 percent of the building coverage of all structures on the property. [Ord. 93 § 1.5.2, 1987].

17.25.030 Discontinuation of a nonconforming use.

Whenever a nonconforming use has been discontinued for a continuous period of 12 months, or whenever there is a clear intent on the part of the owner to abandon a nonconforming use, this use shall not be re-established and further use of the premises shall be in conformity with the regulations of the district. [Ord. 93 § 1.5.3, 1987].

17.25.040 Restoration of a nonconforming use.

A structure housing a nonconforming use which is damaged by any cause to an extent of not more than 50 percent of the replacement value at that time may be restored and the same use or occupancy resumed; provided, that this restoration is started within a period of 120 days. This time limitation may be waived by the zoning officer should practical difficulties be evident. Any decision by the zoning officer may be appealed to the planning commission. [Ord. 93 § 1.5.4, 1987].

17.25.050 Enlargement of a nonconforming use.

The enlargement of a nonconforming use may be permitted one time after the enactment of the ordinance codified in this title upon approval by public works and development staff who shall also consider the specific conditions listed below. It is the intent that enlargement of a nonconforming use may take place; provided, that the expansion does not add to the intensity of the use and ultimately change its character.

(1) The nature and character of the use is unchanged.

(2) The same facilities are substantially used and the enlargement will be no more than 20 percent of the total, existing building coverage, if all or some of the nonconforming use is conducted wholly within a structure. If the nonconforming use is conducted outside, the enlargement shall not increase the area devoted to the nonconforming use beyond the permitted building coverage of the district, and all property development standards shall be observed. In this case, “building coverage” shall mean not only the coverage of all existing buildings, but also the exterior area devoted to the nonconforming use. [Ord. 93 § 1.5.5, 1987].

17.25.060 Maintenance of a nonconforming use.

Nothing in this chapter shall be construed to prohibit normal repair, maintenance, and nonstructural alterations, nor the alteration, strengthening, or restoration to safe condition as may be required by law.

Maintenance or repair shall constitute less than 50 percent of the replacement value of the work being done. [Ord. 93 § 1.5.6, 1987].

17.25.070 Nonconforming structure – General.

If, at the time of enactment of the ordinance codified in this title or any amendment, any structure, sign or mobile home park located or erected in an otherwise lawful manner does not conform to the development standards of this title, the structure, sign or mobile home park shall be deemed to be nonconforming. However, it may continue in the manner and to the extent that it existed upon enactment of the ordinance codified in this title or its amendments, subject to the provisions of this section. [Ord. 148 § 1, 1989; Ord. 93 § 1.6.1, 1987].

17.25.080 Change in nonconforming structure.

A structure conforming with respect to use but nonconforming with relation to yard, height, or lot coverage requirements may be altered or extended if the alteration or extension does not deviate further from the requirements of this title. [Ord. 148 § 1, 1989; Ord. 93 § 1.6.2, 1987].

17.25.090 Maintenance or repair of a nonconforming structure.

Nothing in this chapter shall be construed to prohibit normal repair, maintenance, and nonstructural alterations, nor the alteration, strengthening, or restoration to safe condition as may be required by law.

Maintenance or repair shall constitute less than 50 percent of the replacement value of the work being done. [Ord. 148 § 1, 1989; Ord. 93 § 1.6.3, 1987].

17.25.100 Nonconforming mobile home parks.

Only certified factory-built homes shall be allowed in a nonconforming mobile home park, with exception of recreational vehicles which are allowed in designated recreational vehicle sites within a nonconforming mobile home park.

Any change in the designated use of an existing site is subject to a site plan and architectural review and the number of recreational vehicles will not be allowed to exceed 10 percent of the total number of mobile home sites. [Ord. 148 § 1, 1989; Ord. 93 § 1.6.4, 1987].

17.25.110 Nonconforming lot or parcel of record.

There may be single lots or parcels that are substandard where the minimum width or total area is less than that prescribed by this title; provided, that:

(1) The single lot or parcel was recorded with the office of the county clerk at the time the ordinance codified in this title became effective, and

(2) All other property development requirements of the district are satisfied, then a substandard lot may be developed for any permitted use of the underlying zone or a person may apply for any conditional use of the underlying zone. [Ord. 93 § 1.7, 1987].