Chapter 17.56
NONCONFORMING USES, LOTS, AND STRUCTURES
Sections:
17.56.020 Abatement or termination.
17.56.040 Repairs, maintenance and safety.
17.56.050 Unlawful uses not authorized--Special exceptions.
17.56.010 Purpose.
It is the purpose of the council to provide regulatory mechanics for nonconforming uses as found and determined to be reasonable and equitable in many jurisdictions. This policy is pursued in order that nonconforming uses in existence at the time of adoption of the ordinance codified herein, or amendments thereto, shall be brought to conformity or amortized and removed within such periods of time as are compatible with justice to the owners of properties affected and with the interests of the safety, health and general welfare of the city. (Ord. 1450 §1(part), 2015)
17.56.020 Abatement or termination.
A. A nonconforming use if changed to a conforming use may not thereafter be changed back to a nonconforming use.
B. A nonconforming use, when discontinued or abandoned for a period of one hundred eighty days, shall not be resumed.
C. The land from which any nonconforming structure has been removed shall be subsequently used in conformity with the appropriate district regulations.
D. A nonconforming structure if destroyed, damaged or has incurred a loss equal to or greater than seventy-five percent of its assessed or appraised value shall thereafter conform to the provisions of this title.
E. A nonconforming structure which has been damaged or incurred a loss less than seventy-five percent shall have no more than one hundred eighty days in which to resume activity or rebuild or the nonconformance shall be considered to be terminated and shall not be resumed. (Ord. 1450 §1(part), 2015)
17.56.030 Enlargement.
A. The enlargement of a nonconforming use building shall not be allowed;
B. A building designed and built for, or devoted to, a nonconforming use at the time of the passage of the ordinance codified herein may not be enlarged or structurally altered unless the use of such building is changed to a conforming use; and
C. Moving of a nonconforming use to contiguous lots is prohibited. (Ord. 1450 §1(part), 2015)
17.56.040 Repairs, maintenance and safety.
Repairs and maintenance work may be undertaken on a nonconforming structure to the extent that such repair and maintenance does not exceed twenty-five percent of the assessed value of the structure within a period of twelve consecutive months. Nothing shall prevent the city from requiring repairs on any nonconforming structure to protect the public health and safety. Maintenance work and repair on a nonconforming structure shall conform to all revisions, modifications and amendments to the city building codes. (Ord. 1450 §1(part), 2015)
17.56.050 Unlawful uses not authorized--Special exceptions.
Nothing in this title shall be interpreted as authorization for, or approval of, the continuance of, nor the allowing of a special permit, exception or variance for the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of the ordinance codified in this title. Any use existing at the time of adoption of the ordinance codified herein which is within the scope of uses permitted by conditional exception or accessory exception in the use district in which the property is situated shall be deemed a conforming use without necessity of any action by the board of adjustment. (Ord. 1450 §1(part), 2015)
17.56.060 Prior approval.
Nothing in this title shall be deemed to require any change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption of the ordinance codified in this title and upon which building actual construction has been diligently carried on. (Ord. 1450 §1(part), 2015)