Chapter 14.07
NONCONFORMING USES AND STRUCTURES
Sections:
14.07.030 Enlargement, alteration, expansion, or change of nonconforming uses.
14.07.040 Enlargement, alteration, reconstruction of nonconforming buildings and structures.
14.07.060 Procedure for verifying abandonment.
14.07.010 Intent.
(1) It is the intent of this Chapter:
(a) To permit these nonconformities to continue until they are removed, but not to encourage their survival, except as expressly provided in this Chapter; and
(b) That nonconformities may not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone; and
(c) That nonconforming uses or structures not be allowed to expand, be altered or reconstructed except as otherwise outlined in this Chapter. (Ord. O20250005 § 2 (Exh. A))
14.07.020 General rule.
(1) A nonconforming use or structure is any lot, building, structure, or use of land, that was legally permitted at the time it was established, but is no longer permitted by current regulations.
(2) A nonconforming use or structure is allowed to continue consistent with the limitations in this Chapter.
(a) A change in occupancy or ownership does not affect such right to continue such use, building, or structure.
(b) Nonconformities may not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.
(c) Nonconforming uses or structures may not expand, be altered, or reconstructed except as otherwise authorized in this Chapter. (Ord. O20250005 § 2 (Exh. A))
14.07.030 Enlargement, alteration, expansion, or change of nonconforming uses.
(1) A nonconforming use may not be enlarged, altered, or expanded, except that a nonconforming use may be extended throughout any part of the building designed for its use prior to becoming a nonconforming use. Such an extension must not include any structural alterations, except those required by law, and no expansion of the structure or parking requirements may occur.
(2) A nonconforming use may not be changed to any other nonconforming use, regardless of the conforming or nonconforming status of the building in which it is housed. (Ord. O20250005 § 2 (Exh. A))
14.07.040 Enlargement, alteration, reconstruction of nonconforming buildings and structures.
(1) Routine maintenance and repairs may be performed on a nonconforming structure or building.
(2) When a nonconforming building or structure is damaged by fire, natural disaster, or other calamity, said building or structure may be restored or replaced only if:
(a) A complete application for reconstruction or replacement is submitted within one year of the damage; and
(b) That the restoration or replacement is made to conform to the regulations of the zone in which the building or structure is located, or if such regulations cannot physically be met without reducing the size of the building, the restoration does not extend any nonconformity that existed prior to the damage.
(3) Additions to nonconforming structures that meet all applicable zoning dimensional standards are not considered an enlargement under this Section. (Ord. O20250005 § 2 (Exh. A))
14.07.050 Abandonment.
(1) A nonconforming use cannot be reestablished after abandonment. If abandoned, the use of the building, structure, or site must conform with the regulations for the zone in which it is located.
(2) For the purposes of this Chapter, “abandonment” means:
(a) An intention to abandon; and
(b) An overt act, which carries the implication that the owner does not claim or retain any interest in the right to the nonconforming use.
(3) An overt act disclaiming an interest in the nonconforming use is presumed if the nonconforming use of land or building or structure ceases for any reason whatsoever for a period of one year.
(4) The mere presence of a structure, equipment, or material does not constitute a continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use. (Ord. O20250005 § 2 (Exh. A))
14.07.060 Procedure for verifying abandonment.
(1) When the Director obtains information indicating that a nonconforming use, building, or structure has or may have been abandoned, the Director may send a letter by certified mail return receipt requested to the property owner requesting:
(a) Confirmation of either abandonment or non-abandonment; and
(b) If the property owner responds that the building, structure, or use has not been abandoned, the property owner must provide documentation that the nonconforming use, structure, or building has been occupied, used, or maintained within the last year.
(2) If the property owner fails to respond to the request within 60 days, the building, structure, or use is deemed abandoned and there is no right to an appeal.
(3) If the property owner responds that the building, structure, or use is not abandoned, the Director must evaluate the documentation provided and any other information available to the Director and make a determination as to whether abandonment has occurred. The property owner may appeal the Director’s decision as a Type 1 review per SCC 14.06.150.
(4) Verification of abandonment under this Section is not required for a use, structure, or building to be abandoned. Abandonment occurs as a matter of law when the conditions set forth in SCC 14.07.050 are met. (Ord. O20250005 § 2 (Exh. A))