Chapter 17.52
NONCONFORMING USES
Sections:
17.52.040 Improvement of certain nonconforming uses.
17.52.050 Destruction of a nonconforming structure or use.
17.52.060 Change of a nonconforming structure.
17.52.070 Change of a nonconforming use.
17.52.080 Nonconforming agricultural uses.
17.52.010 Purpose.
Invariably, at the time the zoning ordinance is adopted or amended, certain uses which existed prior to the adoption or amendment will not conform to the regulations of the ordinance. These are known as “nonconforming uses,” and in order to feasibly adopt the ordinance and so as not to cause undue economic hardship on owners of nonconforming uses, these uses are allowed to continue under special conditions as outlined in the following sections. (Ord. 669, 1990).
17.52.020 Continuation.
A nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or extended. An exception may be granted to allow extension of a portion of a structure that was provided prior to the time the ordinance codified in this title was adopted. A structure conforming with respect to use but nonconforming with respect to height, setback or coverage may be altered or extended, if the alteration or extension does not further deviate from the standards of this title. (Ord. 669, 1990).
17.52.030 Discontinuance.
(a) If a nonconforming use involving a structure is discontinued from use for a period of one year, further use of the property shall conform to this title.
(b) If a nonconforming use not involving a structure is discontinued for a period of six months, further use of the property shall conform to this title. (Ord. 669, 1990).
17.52.040 Improvement of certain nonconforming uses.
A use which is nonconforming with respect to provision for screening shall provide screening (DMC 17.08.430) within a period of three years from the effective date of the ordinance codified in this title. (Ord. 669, 1990).
17.52.050 Destruction of a nonconforming structure or use.
If a nonconforming use structure or a structure containing a nonconforming use is destroyed by any cause, or suffers damage exceeding 50 percent of its assessed value, and is not returned to use or repaired within six months, a future structure or use on the site shall conform to this title, having lost its nonconforming status. (Ord. 669, 1990).
17.52.060 Change of a nonconforming structure.
Except for signs, a structure conforming as to use, but nonconforming as to height or lot coverage, may be altered or extended; provided, the alteration or extension does not exceed the area, height or coverage requirements of this title. (Ord. 669, 1990).
17.52.070 Change of a nonconforming use.
The following shall apply:
(1) If a nonconforming use not involving a structure is replaced by another use, the new use shall conform to this title.
(2) If a nonconforming use involving a structure is replaced by another use, the new use shall conform to this title unless the planning commission determines that such structure is suitable only for another nonconforming use no more detrimental to surrounding properties than the one to be replaced. (Ord. 669, 1990).
17.52.080 Nonconforming agricultural uses.
Agricultural uses of property which existed prior to this title shall be allowed to continue provided they meet other town ordinances that may apply. (Ord. 669, 1990).