Chapter 18.135 NONCONFORMING USES

Chapter 18.135
NONCONFORMING USES

Sections:

18.135.040 Nonconforming uses of structures.

18.135.010 Purpose.

Within the districts established by this title or amendments that may later be adopted there may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the effective date of the ordinance codified in this title, but which would be prohibited, regulated, or restricted under the terms of this title or future amendments. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation. It is further the intent of this title that nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses not permitted elsewhere in the same district except as specifically provided elsewhere in this title.

(A) Pending Building Permit. In order to avoid undue hardship, nothing in this title shall require any change in the location, plans, construction, size, or designated use of any building, structure or part thereof, for which a required city building permit has been granted prior to the enactment of this title, or which was lawfully permitted and for which the required building permit has been issued within an area annexed to the city prior to annexation thereof. If a building permit is revoked or for any reason becomes void, all rights granted by this subsection are extinguished and the project shall thereafter be required to conform to all the provisions of this title.

(B) Validation of a legal nonconforming use, structure and/or use of a structure shall be reviewed, approved or denied as a community development director’s interpretation, pursuant to Type I procedures set forth in CMC 18.15.010(A). [Ord. 810, 2000; Code 2000 § 11.30.91; Ord. 841 Exhs. 1, 2, 2003.]

18.135.020 Nonconforming structures.

Except as provided in CMC 18.135.010(A), where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title, that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, such structure may be continued 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 which increases its nonconformity, but any structure or portion thereof may be altered in a way that will not change or will decrease its nonconformity.

(B) Restoration or Replacement of a Damaged Nonconforming Structure.

(1) A nonconforming single-family dwelling unit may be replaced or restored to the original footprint in all residential zoning districts and the central mixed use zoning district regardless of the extent of damage or destruction. Replacement shall begin within one year of the damage or destruction. If replacement begins more than one year after the damage or destruction, the structure shall conform to the regulations specified in this title.

(2) Except as stated in subsection (B)(1) of this section, if a nonconforming structure is damaged or destroyed by any means to an extent not exceeding 70 percent in value based on an insurance appraisal, the structure may be replaced or restored. If the extent of damage exceeds 70 percent in value, the nonconforming structure shall not be replaced or restored, except in conformity with the provisions of this title. Replacement shall begin within one year of the damage or destruction. If replacement begins more than one year after the damage or destruction, the structure shall conform to the regulations specified in this title.

(C) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(D) Notwithstanding the provisions of subsections (A), (B), and (C) of this section, above any lawful nonconforming structure which would be destroyed as a result of an action by a governmental agency where the agency takes property through the exercise of its power of eminent domain or requires dedication of property for public purposes, may be moved or reconstructed on the same lot, and if necessary, may be extended to an abutting lot in the same ownership; provided, that the resulting placement of the structure does not increase the nonconformity of the structure. Such modification shall be subject to review by the facilities and design review committee and, if within its established jurisdiction, the planning commission. The request for such reviews shall be made prior to the destruction of the structure and if not made by such time the rights granted by this subsection shall be terminated. [Ord. 810, 2000; Code 2000 § 11.30.92; Ord. 2019-10 § 1 (Exh. A), 2019.]

18.135.030 Nonconforming uses of land.

At the time of passage of the ordinance codified in this title, lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involves no individual structure other than small or minor accessory buildings, the use may be continued so long as it remains otherwise lawful, provided:

(A) No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this title;

(B) 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 title;

(C) If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of land shall conform to the regulations specified by this title for the district in which such land is located;

(D) No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land;

(E) Notwithstanding the provisions of subsections (A), (B), (C), and (D) of this section, any lawful nonconforming structure which would be destroyed as a result of an action by a governmental agency where the agency takes property through the exercise of its power of eminent domain or requires dedication of property for public purposes may be moved or reconstructed on the same lot, and, if necessary, may be extended to an abutting lot in the same ownership; provided, that the resulting placement of the structure does not increase the nonconformity of the structure. Such modification shall be subject to review by the facilities and design review committee and, if within its established jurisdiction, the planning commission. The request for such reviews shall be made prior to the destruction of the structure and if not made by such time the rights granted by this subsection shall be terminated. [Ord. 810, 2000; Code 2000 § 11.30.93.]

18.135.040 Nonconforming uses of structures.

Where a lawful use involving individual buildings or structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this title that would not be allowed in the district under the terms of this title, the lawful 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 title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the district in which it is located.

(B) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this title, but no such use shall be extended to occupy any land outside such building.

(C) If no structural alterations are made, any nonconforming use of structure and premises may be changed to another nonconforming use; provided, that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accordance with the provisions of this title.

(D) When a nonconforming use of a structure and premises is discontinued or abandoned for one year, the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(E) Where nonconforming use status applies to a structure and premises, removal or destruction of the structure shall eliminate the nonconforming use status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

(F) Notwithstanding the provisions of subsections (A), (B), (C), (D) and (E) of this section, any lawful nonconforming structure which would be destroyed as a result of an action by a governmental agency where the agency takes property through the exercise of its power of eminent domain or requires dedication of property for public purposes may be moved or reconstructed on the same lot, and if necessary, may be extended to an abutting lot in the same ownership; provided, that the resulting placement of the structure does not increase the nonconformity of the structure. Such modification shall be subject to review by the facilities and design review committee and, if within its established jurisdiction, the planning commission. The request for such reviews shall be made prior to the destruction of the structure and if not made by such time the rights granted by this subsection shall be terminated. [Ord. 810, 2000; Code 2000 § 11.30.94.]