Chapter 11.135
NONCONFORMING USES AND STRUCTURES

Sections:

11.135.010    Purpose.

11.135.020    Nonconforming uses.

11.135.030    Expansion of nonconforming uses of land.

11.135.040    Nonconforming structures.

11.135.010 Purpose.

The purpose of this chapter is to define the conditions under which a lawfully constructed building or the lawful use of any building or lot existing at the time of passage of the ordinance codified in this title may be continued, although such building or use does not conform to the provisions of this title. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.03.111, 2001).

11.135.020 Nonconforming uses.

If a nonconforming use is discontinued for a period of six months or more, future use of the land or building shall be in conformity with the uses permitted in the district in which the property is located. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.03.112, 2001).

11.135.030 Expansion of nonconforming uses of land.

Nonconforming uses of land shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of this chapter, unless such use is authorized under conditional use provisions of the applicable district and a conditional use permit has been issued. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.03.113, 2001).

11.135.040 Nonconforming structures.

A. Nonconforming buildings and structures shall not be enlarged or altered in any way that increases the nonconformity without the issuance of a variance in accordance with Chapter 11.195 RCC.

B. In the event that a nonconforming structure is destroyed by any means to an extent of more than 50 percent of its actual value based on the assessed valuation placed upon it at the time of its destruction, the use of the structure and the lot upon which it is located shall thereafter conform to all requirements of the use district within which it is located. Any building sought to be repaired or restored after being damaged by fire shall be restored and repaired within six months in order to be entitled to the provisions of this section. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.03.114, 2001).