Chapter 17.72
NONCONFORMING BUILDINGS AND USES
Sections:
17.72.020 Nonconformity permitted when.
17.72.030 Expansion permitted when – Classification changes.
17.72.040 Prohibited actions – Exceptions.
17.72.010 Purpose.
Amendments over time to regulatory authority provided within this title may result in structures, land and uses which no longer conform to the provisions set forth for the district in which they are situated. Therefore, it is the purpose of this chapter to allow for the continuance and maintenance of legally established nonconforming uses and structures subject to standards and provisions prescribed within this chapter. (Ord. 2011-29 § 5 (Att. B)).
17.72.020 Nonconformity permitted when.
The nonconforming use of a conforming building may be continued; provided, the nonconforming use is not expanded or extended into any other portion of the conforming building; nor shall any structural alterations, except those required by law, be made, and if the nonconforming use is discontinued any future use of the building shall conform to the provisions of this title. (Ord. 2011-29 § 5 (Att. B)).
17.72.030 Expansion permitted when – Classification changes.
The nonconforming use of a nonconforming building may be continued and may be expanded or extended throughout the building; provided, no structural alterations are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restricted classification. If the nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. (Ord. 2011-29 § 5 (Att. B)).
17.72.040 Prohibited actions – Exceptions.
Any use or building which does not conform to this title may not be:
A. Reestablished after discontinuance for one year;
B. Extended except in conformity to this title;
C. Rebuilt after damage exceeding two-thirds of its fair sale value immediately prior to damage; fair sale value to be determined by an appraiser acceptable to the city and the property owner, except as provided below:
1. Any single-family, duplex, or multifamily residential structure with a nonconforming use damaged by fire, explosion, accident, act of God or act of the public enemy may be restored to its status prior to the act of damage, provided such efforts are commenced within one year. If restored under these circumstances, the use shall occupy no more floor area than existed prior to the act of damage and the use and building shall remain nonconforming. If reconstruction of a nonconforming structure is not commenced within one year of the act of damage thereafter, the land and any development on it shall thereafter conform to the regulations of the zone in which it is located; provided, that a conditional use permit may be issued to reestablish a nonconforming structure, the restoration of which is not commenced within one year if circumstances such as lengthy litigation or disputed insurance settlements delay the applicant from commencing reconstruction within the specified one-year time frame. (Ord. 2011-29 § 5 (Att. B)).