Chapter 18.140
NONCONFORMING USES
Sections:
18.140.020 Normal maintenance and repairs.
18.140.030 Discontinuance of a nonconforming use.
18.140.050 Application for modification or expansion of nonconforming use.
18.140.070 Criteria for modification of a nonconforming use.
18.140.080 Criteria for expansion of a nonconforming use.
18.140.010 Purpose.
The purpose of this chapter is to recognize lots, structures, and uses of land and structures 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 chapter to permit these nonconformities to continue or be modified, subject to strict review criteria. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)
18.140.020 Normal maintenance and repairs.
Normal maintenance of a nonconforming building or structure containing a nonconforming use is permitted, including structural alterations to the bearing walls, foundations, columns, beams or girders, provided that:
A. No change in the basic use of the building occurs that would make the use less conforming to the zoning district; and
B. No alterations would enlarge the exterior footprint of the structure. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)
18.140.030 Discontinuance of a nonconforming use.
If a nonconforming use is discontinued for more than 18 months, the building or land shall, thereafter, be occupied and used only for a use conforming to the zoning applied to the property. (Ord. 1039 § 2, 2007; Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)
18.140.040 Rebuilding.
When a nonconforming use or structure is damaged by fire or any other cause beyond the control of the owner, it may be rebuilt within one year, provided the cost of the damage does not exceed 100 percent of the value of the prior improvements on the property, using new materials. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)
18.140.050 Application for modification or expansion of nonconforming use.
An application for a modification or expansion of a nonconforming use shall be made by the owner of the affected property, or authorized agent, on a form prescribed by the city. The application shall be accompanied by the appropriate fee and information required by the application form. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)
18.140.060 Decision process.
Nonconforming use permits are Type III decisions. The planning commission shall conduct a public hearing and may approve, approve with conditions, or deny a request for modification or expansion of a nonconforming use. In permitting a modification or expansion of a nonconforming use, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)
18.140.070 Criteria for modification of a nonconforming use.
In order to grant a nonconforming use modification, the planning commission shall make findings of fact to support the following conclusions:
A. That such modifications are necessary because of practical difficulties or public need;
B. That such modifications are no greater than are necessary to overcome the practical difficulties or meet the public need;
C. That such modifications will not significantly interfere with the use and enjoyment of other land in the vicinity, nor detract from property values; and
D. That such modifications will not endanger the public health, safety, and general welfare. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)
18.140.080 Criteria for expansion of a nonconforming use.
A. Expansion of a nonconforming structure shall be limited to 25 percent of the floor area of the original structure.
B. Expansion of a nonconforming use shall be limited to 10 percent of the land area currently occupied by the nonconforming use.
C. In order to grant a permit for a nonconforming use expansion, the planning commission shall make findings of fact to support the following conclusions:
1. That the expansion of the nonconforming use or structure will not result in greater adverse impact upon the adjoining properties; and
2. That the proposed expansion of the nonconforming use or structure is necessary for the continued efficient operation of the use or structure. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)