Chapter 18.190
NONCONFORMING BUILDINGS, STRUCTURES, AND USES OF LAND
Sections:
18.190.010 Existing uses continued.
18.190.020 Alteration or enlargement of buildings and structures.
18.190.030 Outdoor advertising signs and structures.
18.190.040 Building vacancy – Nonconforming.
18.190.060 Nonconforming uses of land.
18.190.080 Pending application for building permits.
18.190.010 Existing uses continued.
A nonconforming building or structure, existing at the time of the adoption of the ordinance codified in this title, may be continued and maintained except as otherwise provided in this chapter. (Zoning ordinance Art. 6).
18.190.020 Alteration or enlargement of buildings and structures.
A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located. However, if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, said building or structure may be enlarged or added to; provided, that the enlargement or addition complies with the off-street parking requirements of the district in which said building or structure is located. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located. (Zoning ordinance Art. 6).
18.190.030 Outdoor advertising signs and structures.
No outdoor advertising sign or outdoor advertising structure which, after the adoption of the ordinance codified in this title, exists as a nonconforming use in any district, shall continue, as herein provided for nonconforming uses, but every such sign or structure shall be removed or changed to conform to the regulation of said district within a period of two years. (Zoning ordinance Art. 6).
18.190.040 Building vacancy – Nonconforming.
A nonconforming building, structure, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of two years, shall not thereafter be occupied except by the uses which conform to the use regulations of the district in which it is located. (Zoning ordinance Art. 6).
18.190.050 Change in use.
A nonconforming use of a conforming building or structure (i.e., commercial use in a dwelling) shall not be expanded or extended into any portion of such conforming building or structure nor changed except to a conforming use. If such a nonconforming use of a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of six months after the effective date of the ordinance codified in this title.
The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification. However, where the use of nonconforming building or structure is changed to a use of a more restricted district classification, it thereafter shall not be changed to a use of a less restricted district classification. (Zoning ordinance Art. 6).
18.190.060 Nonconforming uses of land.
(1) A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $1,000, existing at the time of adoption of the ordinance codified in this title, may be continued for a period of not more than three years therefrom, provided:
(a) Said nonconforming use may not be extended or expanded.
(b) If said nonconforming use or any portion thereof is discontinued for a period of six months, or changed, any future use of land shall be in conformity with the provisions of the district in which said land is located.
(2) The following regulations shall apply to any automobile wrecking, junk, or salvage yard, building material, storage yard, contractor’s yard, or any similar more or less temporary use of land when located as a nonconforming use in any residential district.
(a) Any such use is hereby declared to be a public nuisance in any residential district established by this title and shall be abated, removed, or changed to a conforming use within a period of one year after the date of passage of the ordinance codified in this title.
(b) Whenever any district shall have been changed to a residential district from any other district, the date of abatement, removal, or change of such nonconforming use shall be within a period of one year after the date of change of such district.
(3) Any nonconforming automobile wrecking, junk, or salvage yard in any nonresidential district shall, after the adoption of the ordinance codified in this title, be brought into full conformity within one year. (Zoning ordinance Art. 6).
18.190.070 Damage.
A building which by reason of the passage of the ordinance codified in this title has become nonconforming, which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50 percent of its value at the time of damage shall not be restored except in conformity with the regulation of the district in which it is located.
When damaged by less than 50 percent of its value, a nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage. (Zoning ordinance Art. 6).
18.190.080 Pending application for building permits.
Nothing herein contained shall require any change in the overall layout, plans, construction, site or designated use of any development, building, structure or part thereof, for which official approval and required building permits have been granted before the enactment of the ordinance codified in this title, if said construction, conforming with such plans, shall have been started prior the effective date of the ordinance codified in this title and completion thereof carried on in a normal manner within the subsequent six months completion except for reasons beyond the builder’s control. (Zoning ordinance Art. 6).