Chapter 18.160
NONCONFORMING USES

Sections:

18.160.010    Nonconforming uses.

18.160.010 Nonconforming uses.

Within the zoning districts of this title or by amendments which may later be adopted, there exist: (1) nonconforming structures; (2) nonconforming uses of land; (3) nonconforming uses of land and structures in combination; and (4) nonconforming characteristics of use, which lawfully exist as of the effective date of the ordinance codified in this title, but which would be prohibited, regulated, or restricted under the terms of this title or future amendments thereto. It is the intent of this title to permit these nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconforming uses shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other uses or structures which are prohibited elsewhere in the same zoning district.

Note: Illegal uses existing at the time the ordinance codified in this title is enacted shall not be validated by virtue of its enactment.

(A) Nonconforming Uses of Land. Where, at the time of enactment of the ordinance codified in this title, lawful uses of land exist which would not be permitted by the regulations imposed by this title, the uses may be continued so long as they remain otherwise lawful, provided:

(1) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this title;

(2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of the ordinance codified in this title;

(3) If any such nonconforming uses of land are discontinued, or if such nonconforming uses are abandoned for more than six months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located;

(4) No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land.

(B) Nonconforming Structures. Where a lawful structure exists at the effective date of the ordinance codified in this title that could not now be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following restrictions:

(1) No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2) Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than double its assessed value immediately prior to the damage, it shall not be reconstructed or repaired except in conformity with the provisions of this title.

(3) Should such structure be moved for any reason for any distance whatever, or removed from the property for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved or rebuilt.

(C) Nonconforming Uses of Structures or of Structures and Land in Combination. If a lawful use involving individual structures, or if a structure and land in combination, exists at the effective date of the ordinance codified in this title that would not be an allowed use in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following restrictions:

(1) No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(2) A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the effective date of the ordinance codified in this title, but no such use shall be extended to occupy land outside such building;

(3) If no structural alterations are made, any nonconforming use of a structure or a structure and land may, upon approval of a zoning use permit, be changed to another nonconforming use; provided, that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such a change, the Area Plan Commission may require appropriate conditions and safeguards in accordance with other provisions of this title;

(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

(5) When the nonconforming use of a structure, or a structure and land in combination, is discontinued, or the nonconforming use is abandoned for more than six months, the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;

(6) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(D) Incompatibility of Nonconforming Uses. Nonconforming uses are declared by this title to be incompatible with permitted uses in the district in which such use is located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after the effective date of the ordinance codified in this title by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses which would be generally prohibited in the district in which such use is located.

(E) Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work can be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to the extent not exceeding double the assessed value of the nonconforming structure or nonconforming portion of the structure, whichever the case may be; providing, that the floor area existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon such order from such official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of neglect of its physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(F) Special Uses Are Not Nonconforming Uses. Any use which is permitted as a special use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall be considered a conforming use. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 27, § 3; 1982 Code § 152.029; 1983 Code § 15.153.029.]