Chapter 19.75
NONCONFORMING USES AND DEVELOPMENTS AND SUBSTANDARD LOTS OF RECORD
Sections:
19.75.010 Nonconforming uses and developments – Purpose.
19.75.030 Nonconforming development, substandard lots of record.
19.75.010 Nonconforming uses and developments – Purpose.
This chapter provides standards and procedures for nonconforming situations (i.e., existing uses or development that do not comply with this title). The standards for nonconforming uses and development are intended to provide some relief from code requirements for uses and developments that were established prior to the effective date of this title and do not comply with current standards. Whenever this chapter refers to the effective date of this title, the reference shall be deemed to include the effective date of any amendments to this title if the amendment, rather than this title as originally adopted, creates a nonconforming situation. This chapter also applies to nonconforming uses or development that became such as a result of being annexed into the city. (Ord. 3297 § 9, 2015).
19.75.020 Nonconforming uses.
Where at the time of adoption of this title a use of land exists which would not be permitted by the regulations imposed by this title and was lawful at the time it was established, the use may be continued as long as it remains otherwise lawful, provided:
(1) Expansion Prohibited. No such nonconforming use is enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this title. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land.
(2) Location. No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this title.
(3) Discontinuation or Abandonment. The nonconforming use of land is not discontinued for any reason for a period of more than 12 months. For purposes of calculating the 12-month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:
(a) On the date when the use of land is physically vacated;
(b) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;
(c) On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or
(d) On the date a request for final reading water and/or power meters is made to the applicable utility providers.
(4) Application of Zoning Code Criteria and Standards. If the use is discontinued or abandoned for any reason for a period of more than 12 months, any subsequent use of land shall conform to the applicable standards and criteria specified by the code for the zoning district in which such land is located. (Ord. 3297 § 9, 2015).
19.75.030 Nonconforming development, substandard lots of record.
Where a development exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, yard, equipment, access, parking, landscaping, its location on the lot or other requirements concerning the development; and the development was lawful when constructed, the development may remain on the site so long as it remains otherwise lawful, subject to the following provisions:
(1) Alterations. No such nonconforming development may be enlarged or altered in a way that increases its nonconformity, but any development or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this title or will decrease its nonconformity;
(2) Destruction. Should such nonconforming development or nonconforming portion of development be destroyed by any means to an extent more than 50 percent of its current value as assessed by the Cowlitz County assessor, it shall be reconstructed only in conformity with this title;
(3) Roadway Access. The owner of a nonconforming access connection (i.e., street or highway access) may be required to bring the nonconforming access into conformance with this title and LMC Title 12 and other applicable standards as a condition of the city or other roadway authority approving a new access connection permit, or a change in land use.
(4) Relocation or Removal. Should such development be moved for any reason and by any distance, it shall thereafter conform to the regulations of this title.
(5) Reduction of Lot Size by Governmental Action. Where the owner of a legally platted lot or successor in title has a lot reduced in size as a result of governmental action, and does not own sufficient land to enable the lot to conform to the dimensional requirements of the zoning code, such lot may be used as a building site for a single-family residence or other nonresidential use permitted in the district in which the lot is located; provided, that:
(a) Where the lot area or mean lot width is reduced by governmental action by less than 20 percent of the minimum specified in the zoning code, the director shall issue a development approval or certificate of occupancy; and
(b) In those cases where the lot area or mean lot width is reduced by governmental action by more than 20 percent, the director may approve as a building site a dimension that conforms as closely as possible to the required dimensions of the zoning code; provided, that the combined area of the principal building and accessory building shall not cover more than 40 percent of the lot area remaining after governmental action. (Ord. 3297 § 9, 2015).