Chapter 17.30
NONCONFORMING USES
Sections:
17.30.020 Continuation of a nonconforming use or structure.
17.30.030 Discontinuance of a nonconforming use.
17.30.040 Change of a nonconforming use.
17.30.050 Destruction of a nonconforming use.
17.30.060 Completion of structure.
17.30.070 Termination of certain nonconforming uses.
17.30.010 Purpose.
Nonconformities were created when zones were first assigned to the landscape or they are a result of a zoning change. They are generally considered a nuisance and it is generally in the community’s best interest to eliminate them over time. Within the context of the following regulations of this section, the purpose is to seek the elimination of nonconformities within residential zones if a use is discontinued but to recognize that hardship situations, such as destruction by fire, should not constitute grounds for the elimination of the nonconformity. Within commercial zones, it is recognized that nonconformities generally are not as severe as a nuisance and are therefore given a longer grace period if the use is discontinued. [Ord. 1138 § 1, 1992. Code 1966 § 17.07.005.]
17.30.020 Continuation of a nonconforming use or structure.
Subject to the provisions of this chapter, a nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or extended, except that a structure conforming as to use but nonconforming with respect to height, setback or lot coverage may be altered or extended; provided, that the degree of nonconformance shall not be increased, and the current requirements of the zone in which it is located shall be observed with respect to the new portion of the building. [Ord. 1268 § 1, 1997; Ord. 1138 § 1, 1992. Code 1966 § 17.07.010.]
17.30.030 Discontinuance of a nonconforming use.
(1) If a nonconforming use in a residential zone is discontinued for a period of two years, further use of the property shall conform to this title. This applies to nonconforming uses which either involve a structure or do not involve a structure.
(2) If a nonconforming use in a commercial zone is discontinued for a period of three years, further use of the property shall conform to this title. This applies to nonconforming uses which either involve a structure or do not involve a structure. [Ord. 1138 § 1, 1992. Code 1966 § 17.07.020.]
17.30.040 Change of a nonconforming use.
If a nonconforming use is replaced by another use, the new use shall conform to this title. [Ord. 1138 § 1, 1992. Code 1966 § 17.07.030.]
17.30.050 Destruction of a nonconforming use.
If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause, a future structure or use may be constructed on the property to replace the destroyed structure or use; provided, that the replacement use or structure do not create a more intensive impact on the adjoining property or neighborhood. Examples of more intensive impacts would include more noise, greater building height, buildings constructed closer to the property line, etc. [Ord. 1138 § 1, 1992. Code 1966 § 17.07.040.]
17.30.060 Completion of structure.
Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a permit has been issued and construction work has commenced prior to the adoption of this title, except that if the building is nonconforming or is intended for a nonconforming use, it shall be completed and in use within two years from the time the permit was issued. [Ord. 1138 § 1, 1992. Code 1966 § 17.07.050.]
17.30.070 Termination of certain nonconforming uses.
A nonconforming use not involving a structure or one involving a structure having an assessed value of less than $200.00 shall be discontinued within one year from December 14, 1970. [Ord. 1138 § 1, 1992. Code 1966 § 17.07.060.]