Chapter 18.65
NONCONFORMING USES, STRUCTURES, AND SIGNS

Sections:

18.65.010    Purpose.

18.65.020    Nonconforming uses.

18.65.030    Nonconforming structures.

18.65.040    Nonconforming signs.

18.65.010 Purpose.

The purpose of this chapter is to limit the number and extent of nonconforming uses, structures and signs by prohibiting expansion or enlargement, or reestablishment after abandonment or destruction. (Ord. 710 § 35-19.1, 1996; 1991 code § 35-19.1)

18.65.020 Nonconforming uses.

A. Continuation and maintenance. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is a nonconforming use and may be continued, except as otherwise provided in this chapter.

A use that does not conform with the parking dimension standards, loading, planting area, or screening regulations of the district in which it is located is not deemed a nonconforming use solely because of these nonconformities.

B. General regulations. The following regulations apply to each nonconforming use:

1. There may be no increase or enlargement of the area, space or volume occupied and used.

2. There may be no change in the nature or character of the nonconforming use.

3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated.

4. If the nonconforming use discontinues active operation for a continuous period of 180 days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized only for uses permitted or conditionally permitted by the zoning district. This provision does not apply to a nonconforming dwelling unit.

C. Modification of general regulations. The regulations in subsection B of this section may be modified upon the issuance of a conditional use permit under PHMC Chapter 18.95, if the modification will result in the elimination or substantial reduction of the nonconformity.

D. Restoration. A nonconforming use located in a nonconforming building may be resumed after the destruction of the nonconforming building if the nonconforming building is restored in compliance with PHMC § 18.65.030.C.

E. Revocation of nonconforming use. The planning commission may revoke the nonconforming use granted by subsection A of this section if it makes any of the following findings:

1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance.

2. The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant.

3. The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant. (Ord. 710 § 35-19.2, 1996; 1991 code § 35-19.2)

18.65.030 Nonconforming structures.

A. Continuation and maintenance. A structure that was lawfully erected but which does not conform with the currently applicable requirements and standards for yard spaces, height of structure, or distance between structures prescribed in the district regulations is a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter. A nonconforming structure is also subject to the Uniform Building Code, Section 104(c) and PHMC § 18.20.040.D.

B. General regulations. The following regulations apply to each nonconforming structure:

1. Routine maintenance and repairs may be performed on a nonconforming structure.

2. No nonconforming structure shall be altered or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the district in which the structure is located.

3. An applicant for a zoning permit in a nonresidential district for occupancy of a site or structure that is nonconforming due to lack of one of the following: screening of mechanical equipment; required walls or fences to screen parking; required paving for driveways; or required planting areas; shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties, and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures.

C. Restoration.

1. If a nonconforming structure is destroyed by fire or other calamity, to the extent of 50% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion.

2. If a nonconforming structure is destroyed by fire or other calamity, to an extent greater than 50%, or is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located. However, a residential structure in an R district that does not conform to yard setbacks or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a use permit by the zoning administrator.

3. The extent of damage or partial destruction under subsection C.1 or C.2 of this section shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the chief building official.

4. Notwithstanding the requirements of this subsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area under PHMC § 18.50.150.A may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a use permit under this section.

5. Notwithstanding the requirements of PHMC § 18.20.050, an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a use permit under this section (refers to the nonconforming structure provisions of the zoning ordinance) if the property owner obtains a building permit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure.

6. Notwithstanding the requirements of this subsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a use permit under this section. (Ord. 867 § 11, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 6, 2010; Ord. 710 § 35-19.4, 1996; 1991 code § 35-19.4)

18.65.040 Nonconforming signs.

A. Continuation. A nonconforming sign or sign structure that was lawfully erected or displayed but that does not conform with currently applicable requirements is a nonconforming sign and may be displayed, except as otherwise provided in this chapter.

B. General regulations. The following regulations apply to each nonconforming sign:

1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the district in which the sign is located.

2. A nonconforming sign that has been more than 50% destroyed shall be removed. A nonconforming sign that has been less than 50% destroyed, as determined by the chief building official (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 days. If construction does not begin within 90 days, the owner shall remove the sign.

3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes:

a. To alter the sign, other than a change in sign copy; or

b. To expand or enlarge the building or land use where the sign is located, and the sign is affected by the construction, alteration or enlargement, and the cost of alterations to the sign exceeds 50% of the replacement cost of the sign, as determined by the chief building official. (Ord. 710 § 35-19.6, 1996; 1991 code § 35-19.6)