Chapter 17.125
NONCONFORMING USES AND STRUCTURES
Sections:
17.125.010 Continuation of nonconforming uses and structures.
17.125.030 Alteration of nonconforming use or structure.
17.125.040 Restoration of nonconforming use or structure.
17.125.060 Criteria to grant or deny.
17.125.070 Compliance with state and local codes.
17.125.010 Continuation of nonconforming uses and structures.
Except as otherwise provided, the use of a building, structure, premises or land lawfully existing at the time of the effective date of the ordinance codified in this chapter or at the time of a change in the official zoning maps may be continued and maintained in reasonable repair, although such use does not conform with the provisions of this chapter. [Ord. 950 § 91, 1991.]
17.125.020 Vested rights.
Nothing in this chapter shall require any change in the plans, construction, alteration or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of the ordinance codified in this chapter, provided the structure is completed within two years from the issuance of the permit. [Ord. 950 § 92, 1991.]
17.125.030 Alteration of nonconforming use or structure.
As used in this section, “alteration” of a nonconforming use or structure includes: (A) a change in the use of no greater adverse impact to the neighborhood; and/or (B) a change in the structure or physical improvements of no greater adverse impact to the neighborhood.
A. Minor Alteration. For any given nonconforming use or structure, the city administrator may approve as a minor variance to the provisions of this chapter one or more alterations up to the point where a cumulative alteration of 10 percent or less of the total square footage of that nonconforming use or structure has occurred.
B. Major Alteration. A proposal for the alteration greater than 10 percent of the total square footage of a nonconforming use or structure may be approved by the planning commission subject to the provisions for conditional use permits. [Ord. 1037 § 1, 1997; Ord. 950 § 93, 1991.]
17.125.040 Restoration of nonconforming use or structure.
The city administration may approve, as a minor variance, the restoration, reconstruction, or replacement of a nonconforming use or structure which is damaged by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy to an extent greater than 60 percent of the replacement value using new materials; provided, that the restoration is commenced within a period of one year and is diligently prosecuted to completion.
Residential uses of land, destroyed to any extent, shall be allowed to be reconstructed, replaced, or restored, provided such work is commenced within one year and diligently completed. [Ord. 969 § 2, 1993; Ord. 950 § 94, 1991.]
17.125.050 Discontinuance.
If a nonconforming use involving a structure or property is discontinued from active use for a period of one year, any subsequent use of the property or structure shall be a conforming use. The planning commission may, however, permit a use for which the structure was originally designed or similar thereto, through the conditional use process. [Ord. 950 § 95, 1991.]
17.125.060 Criteria to grant or deny.
When reviewing any request to alter or restore a nonconforming use, in addition to the conditional use criteria, it shall be determined that all of the following are found to exist:
A. The nature and character of the proposed use are substantially the same as that for which the structure was originally designed;
B. There is no material difference in the quality, character, or degree of use; and
C. The proposed use will not prove materially adverse to surrounding properties. [Ord. 950 § 96, 1991.]
17.125.070 Compliance with state and local codes.
The granting of any such approval shall not be deemed as providing any exception to all other state and local codes such as, but not limited to, fire and life safety, building or health codes. [Ord. 950 § 97, 1991.]