Chapter 17.76
NONCONFORMING USES AND STRUCTURES

Sections:

17.76.010    Definitions.

17.76.020    Purpose and intent.

17.76.030    Abatement or termination.

17.76.040    Nonconforming lots.

17.76.050    Nonconforming lots discontinuance.

17.76.060    Loss or damage to nonconforming structure.

17.76.070    Alteration or expansion of a nonconforming structure/use.

17.76.080    Repairs, maintenance and safety of nonconforming structure.

17.76.090    Moving a nonconforming structure.

17.76.100    Changes of nonconforming use.

17.76.110    Abatement of public nuisance.

17.76.010 Definitions.

A. “Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located.

B. “Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use of the zone in which it is located.

C. “Established” means that a structure or use conformed to applicable zoning regulations at the time the structure was built or a use or building permit has been granted and has not expired. (Ord. 91-5 § 2, 1991)

17.76.020 Purpose and intent.

Recognizing that land, structures and uses of land and structures which do not conform to the provisions of this title can become nuisances, can disrupt the orderly development of the city, and can create unsafe, hazardous and unhealthful conditions, the city declares that all nonconforming structures and uses shall be terminated as provided in this chapter. (Ord. 91-5 § 2, 1991)

17.76.030 Abatement or termination.

A nonconforming use or structure which has been abandoned, discontinued or terminated for a continuous period of 12 months for any reason shall not be resumed. (Ord. 91-5 § 2, 1991)

17.76.040 Nonconforming lots.

A lot which is nonconforming as to size or shape may be continued if it does not adjoin a lot which has no structure upon it and which is under the same ownership. All uses of the nonconforming lot shall comply with all other provisions of this title. (Ord. 91-5 § 2, 1991)

17.76.050 Nonconforming lots discontinuance.

A nonconforming lot shall be discontinued if:

A. A nonconforming lot adjoins another unimproved lot under the same ownership. Such lots shall be emerged by a lot line adjustment; or

B. A nonconforming lot adjoins more than one adjoining unimproved lot all under the same ownership. Such nonconforming lot shall be merged into the least number of lots which most nearly meets the requirements of this title. (Ord. 91-5 § 2, 1991)

17.76.060 Loss or damage to nonconforming structure.

A nonconforming structure which has been destroyed, damaged or has incurred a loss equal to or greater than 50 percent of its assessed or appraised value, whichever is greater, shall thereafter conform to the provisions of this title. A nonconforming structure which has been damaged or incurred a loss less than 50 percent shall have no more than 12 months in which to resume activity or rebuild or the nonconformance shall be considered to be terminated and shall not be resumed. (Ord. 91-5 § 2, 1991)

17.76.070 Alteration or expansion of a nonconforming structure/use.

A. The alteration or expansion of a nonconforming structure is prohibited unless it does not enlarge or increase the degree of nonconformity of the structure and does not enlarge the area of occupancy of a nonconforming use.

B. A nonconforming structure shall be brought into full compliance with the provisions of this title when alteration or expansion of the structure takes place and the following occur within any three-year period:

1. The gross floor area of the structure is increased by 100 percent or more; or

2. The costs stated on all approved building permit applications for the structure equal or exceed the assessed value of the structure at the beginning of that three-year period. (Ord. 91-5 § 2, 1991)

17.76.080 Repairs, maintenance and safety of nonconforming structure.

Repairs and maintenance work may be undertaken on a nonconforming structure to the extent that such repair and maintenance does not exceed 10 percent of the assessed value of the structure within a period of 12 consecutive months. Nothing shall prevent the city from requiring repairs on any nonconforming structure to protect the public health and safety. Maintenance work and repair on a nonconforming structure shall conform to all revisions, modifications and amendments to the city building codes. (Ord. 91-5 § 2, 1991)

17.76.090 Moving a nonconforming structure.

If a nonconforming structure is moved, it shall conform to the zoning regulations of the zone to which it is moved. (Ord. 91-5 § 2, 1991)

17.76.100 Changes of nonconforming use.

A nonconforming use shall not be changed to another nonconforming use. (Ord. 91-5 § 2, 1991)

17.76.110 Abatement of public nuisance.

Regardless of any provisions in this title, any nonconforming use or structure found to be a public nuisance may be terminated as provided by law. (Ord. 91-5 § 2, 1991)