Chapter 17.98
NONCONFORMING USES AND STRUCTURES
Sections:
17.98.020 Continuation and maintenance.
17.98.030 Alterations and enlargements of nonconforming uses and structures.
17.98.040 Abandonment of nonconforming use.
17.98.050 Restoration of a damaged structure.
17.98.060 New occupancy on a site having certain nonconforming site features.
17.98.070 Alteration or expansion of a preexisting use for which a use permit is required.
17.98.010 Purposes.
This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction. (Ord. 87-4 N.S., 1987).
17.98.020 Continuation and maintenance.
A. A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this title, or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.
B. A structure, lawfully occupying a site on the effective date of this title, or of amendments thereto, that does not conform with the standards for front yards, side yards, rear yards, height, or floor area of structures, driveways, courts, or open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.
C. A use that does not conform with the parking, loading, planting area, screening or animal regulations of the district in which it is located shall not be deemed a nonconforming use solely because of these nonconformities.
D. Routine maintenance and repairs may be performed on a structure, the use of which is nonconforming; and on a nonconforming structure. (Ord. 87-4 N.S., 1987).
17.98.030 Alterations and enlargements of nonconforming uses and structures.
A. No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconformity, except that a structure housing a nonconforming residential use in an R or C district may be altered but not enlarged; provided, that the number of dwelling units is not increased.
B. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
C. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site, which it did not occupy on the effective date of the ordinance codified in this title or of the amendments thereto that caused it to become a nonconforming use occupying a structure or site, except as permitted in this section.
D. No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts or usable open space prescribed in the regulations for the district in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yards, side yards, rear yards, height of structures, basic floor area, distances between structures, driveways, courts or usable open space prescribed in the regulations for the district in which the structure is located.
E. The nonconforming use of a structure or site shall not be changed to another nonconforming use.
F. No use which fails to meet the performance standards of BMC 17.70.240 shall be enlarged or extended, or shall have equipment that results in failure to meet required conditions replaced unless the enlargement, extension or replacement will result in elimination of nonconformity with required conditions. (Ord. 87-4 N.S., 1987).
17.98.040 Abandonment of nonconforming use.
A nonconforming use that is discontinued or changed to a conforming use for a continuous period of 120 days or more shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located; provided, that this section shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use. (Ord. 87-4 N.S., 1987).
17.98.050 Restoration of a damaged structure.
A. Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within six months and diligently pursued to completion.
B. Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.
C. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the building official. (Ord. 87-4 N.S., 1987).
17.98.060 New occupancy on a site having certain nonconforming site features.
An applicant for a zoning permit in a C or I district for occupancy of a site or structure that is nonconforming due to lack of screening of mechanical equipment, required walls or fences to screen parking, required paving for driveways, or required planting areas, shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The community development director may require that priority be given to the elimination of nonconformities that have significant adverse impacts on surrounding properties and shall not require a commitment to remove nonconformities that have minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. (Ord. 87-4 N.S., 1987).
17.98.070 Alteration or expansion of a preexisting use for which a use permit is required.
No preexisting use, established prior to the enactment of a use permit requirement under this chapter, shall be altered or expanded without first obtaining a use permit for the alteration or expansion. "Expansion" is interpreted as enlargement or extension of the use so as to occupy any part of the structure or site, or another structure or site, which it did not occupy on the effective date of the use permit requirement. "Alteration" is defined as:
A. A change the cost of which equals or exceeds $20,000,000 or equals or exceeds 25 percent of the current assessed valuation of the existing facility or structure, whichever is less; or
B. A change which substantially alters the character or operation of the existing use including, but not limited to, hours of operation or scope of activities or services.
Alteration does not include any project that consists only of maintenance or repair of an existing facility or structure.
The $20,000,000 threshold shall be increased or decreased annually in April, beginning in 1994, by the amount of increase or decrease in the Consumer Price Index. At the option of the project owner or applicant, 25 percent of current appraised value may be substituted for 25 percent of assessed value, based upon an appraisal submitted to the city by the owner or applicant. (Ord. 93-3 N.S. § 5, 1993).