Chapter 17.36
NONCONFORMING USES AND STRUCTURES
Sections:
17.36.040 Uses of structures or of structures and premises in combination.
17.36.050 Lot reduction—Prohibition against establishing new nonconforming uses.
17.36.010 Purpose.
Within the districts established by this chapter, or amendments thereof, there may exist lots, structures, and uses of land and structures, which were lawfully established before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, abandoned or more than fifty percent (50%) destroyed. It is the further intent of this chapter that nonconforming structures and uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone district. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.36.020 Uses of land.
A. Where at the time of the adoption of the ordinance codified in this chapter or amendment thereof lawful use of land exists which would not be permitted, the use may be continued so long as it remains otherwise lawful; provided:
1. No such nonconforming use shall be enlarged or increased, nor extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this chapter;
2. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified in this chapter;
3. Whenever nonconforming use of land has been discontinued for any reason for a period of six (6) months, regardless of any intent to resume such use, such use or any other nonconforming use shall not thereafter be reestablished and any subsequent use of such land shall conform to the regulations specified by this chapter for the zone district in which such land is located;
4. No additional structure, not conforming to the requirements of this chapter, shall be erected in connection with such nonconforming use of land.
B. A nonconforming use shall not be changed to a use of a lower or less restrictive classification, but such nonconforming use may be changed to another use of the same or more restrictive. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.36.030 Structures.
Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, location on the lot, or other requirements concerning the structure, such structure may continue to exist so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
B. Should fifty percent (50%) or more of such nonconforming structure or nonconforming portion of a structure be damaged or destroyed by fire or any other calamity or means and not be repaired or replaced within one (1) year from the date of loss, it shall not be reconstructed except in conformity with the provisions of this chapter.
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone district in which it is located after having been moved.
D. A structure housing a nonconforming use which has been damaged by fire or other causes in extent not exceeding fifty percent (50%) of its assumed market value on the day before the calamity may be restored to conform to this chapter; provided, that such work is commenced within one (1) year of such calamity. Assumed market value shall be determined by multiplying the most recent assessed value of the damaged improvement by five (5).
E. Ordinary repairs and maintenance of a structure containing a nonconforming use shall be permitted. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.36.040 Uses of structures or of structures and premises in combination.
If lawful use involving individual structures, or of structures and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this chapter that would not be allowed in the zone district under the terms of this chapter, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter in the zone district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zone district in which it is located.
B. Any nonconforming use may not be extended throughout any parts of a building, unless such building was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this zoning code, but no such use shall be extended to occupy any land outside such building.
C. If no alterations to the structure are made, any nonconforming use of a structure, or structure and premises, may be changed to another use of a higher classification.
D. Any structure, or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the requirements for the zone district, and the nonconforming use may not thereafter be resumed.
E. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of six (6) months, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone district in which it is located.
F. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this subsection, is defined as loss of fifty percent (50%) of its market value on the day before the destruction. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.36.050 Lot reduction—Prohibition against establishing new nonconforming uses.
A. No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming use, to avoid, circumvent or subvert any provision of this zoning code, or so as to leave remaining any lot or width or area below the requirements for a legal building site as described in this zoning chapter; nor shall any lot or portion of a lot required for a legal building site under the provisions of this chapter be used as a portion of a lot required as a site for another structure.
B. No building permit shall be issued for any lot or parcel of land which has been transferred, conveyed, sold, subdivided or acquired in violation of this section.
C. Any transferee who acquires a lot or parcel of land in violation of this section without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and/or receive damages from any transferor who violates the provisions of this section. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))