Chapter 19.66
NONCONFORMING STRUCTURES,
LAND AND USES
Sections:
19.66.020 Continuance of nonconforming structures and uses.
19.66.030 Use of nonconforming land.
19.66.040 Changes of use, tenancy, ownership or management.
19.66.050 Conditional expansion permit – Expansion of nonconforming use.
19.66.060 Abatement of nonconforming structures and uses.
19.66.010 Intent.
Amendments over time to regulatory authority provided within this title may result in structures, land and uses which no longer conform with the provisions set forth for the district in which they are situated. Therefore it is the intent of this chapter to allow for the continuance and maintenance of legally established nonconforming uses subject to standards and provisions prescribed within this chapter. [Ord. 465 § 1, 2001; Ord. 426 § 10.66.010, 1998]
19.66.020 Continuance of nonconforming structures and uses.
A nonconforming structure may remain and be used; provided, that:
(1) The structure is not enlarged or altered so as to increase its nonconformity;
(2) If damaged, it is reconstructed only to pre-existing size and height, but not to exceed 35 feet; and
(3) If moved, it is made to conform to regulations of the zone it is moved into. [Ord. 465 § 1, 2001; Ord. 426 § 10.66.020, 1998]
19.66.030 Use of nonconforming land.
If any parcel of land, with a minimum lot size or lot dimension which is less than that prescribed for by the district in which such parcel is located, was subdivided into lots according to a plat of record on or before the effective date of this title or any subsequent amendments to this title, then the fact that the parcel of land does not meet the minimum lot size or lot dimension requirements as set forth in this title shall not prohibit the property from being utilized; provided, that all other regulations prescribed for that district by this title are complied with, except as provided for in Chapter 19.45 CMC. [Ord. 465 § 1, 2001; Ord. 426 § 10.66.030, 1998]
19.66.040 Changes of use, tenancy, ownership or management.
Changes of use, tenancy, ownership or management may occur to any existing legally established and continued nonconforming use under one or more of the following circumstances:
(1) Any part of a structure occupied by an existing legally established and continued nonconforming use may be changed to a use which, in the opinion of the planning director, is of the same or of a more restrictive nature. When the use of a nonconforming structure is hereafter changed to a more restrictive use, the structure shall not thereafter be used for a less restrictive use.
(2) There may be a change of tenancy, ownership or management of any existing legally established and continued nonconforming use, provided there is no change in the nature, character or occupancy classification of such nonconforming use except as authorized within this chapter. [Ord. 465 § 1, 2001; Ord. 426 § 10.66.040, 1998]
19.66.050 Conditional expansion permit – Expansion of nonconforming use.
(1) Authority. The town council shall have authority to grant a conditional expansion permit for nonconforming professional service, commercial, light manufacturing, and light industrial uses if the applicant provides sufficient evidence to clearly establish that all of the criteria in this section are met.
(2) Criteria. Provided that a completed application is filed with the town, a nonconforming use of land and structures may be granted a permit to expand pursuant to the criteria and process for conditional use permits set forth in CMC 19.68.130.
(3) The use shall not expand beyond the lot or parcel occupied by the nonconforming use as of the date that the use became nonconforming.
(4) The use shall not expand beyond the maximum lot area coverage allowed and the minimum setback required in the zone within which the use is located; or up to the allowable lot coverage restriction of the underlying zone.
(5) Conditions. The council may impose reasonable conditions to ensure that the conditional expansion permit, if granted, will meet all of the criteria set forth above, may limit the term of the nonconforming use, and may require performance bonds or other security devices as may be reasonably necessary to ensure continued compliance with the conditions of the permit. [Ord. 465 § 1, 2001; Ord. 426 § 10.66.050, 1998]
19.66.060 Abatement of nonconforming structures and uses.
Nonconforming structures and uses shall be abated if one or more of the following circumstances exist:
(1) If a nonconforming use is discontinued and changed to a conforming use, any future use of the structure or land shall be in conformity to the regulations of the district in which structure or land is located.
(2) Any structure or portion of a nonresidential structure or parcel of land occupied by a nonconforming use which becomes vacant and remains unoccupied for a continuous period of 12 months shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(3) Any structure or portion of a nonresidential structure or parcel of land occupied by a nonconforming use which becomes vacant and remains unoccupied for a continuous period of 12 months may be allowed to reoccupy if a variance is issued pursuant to this title. [Ord. 465 § 1, 2001; Ord. 426 § 10.66.060, 1998]