Chapter 17.60
NONCONFORMING USES, STRUCTURES AND LOTS
Sections:
17.60.030 Changes to a nonconforming use.
17.60.040 Nonconforming structures.
17.60.010 Purpose and intent.
Within the districts established by this title or amendments that may later be adopted, there may exist lots, uses and structures which were lawful before the ordinance codified in this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. The purpose of this chapter is to address the legal status of nonconforming uses, buildings/structures, or lots by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated. It is the intent of this chapter to permit these legal nonconformities to continue until they are removed. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Ultimately it is the intent of this chapter to encourage the discontinuance or termination of nonconformity and the changing of nonconformity to a conforming or more conforming use, building, or lot. (Ord. 07-012 § 1).
17.60.020 Nonconforming uses.
(1) Expansion of a nonconforming use shall be prohibited. Nonconforming uses may be continued if:
(a) The use was lawful at the time it was established;
(b) The use has not been discontinued for a period of 12 consecutive months since the nonconformity was established; and
(c) The use has not been enlarged in scope or size in any way, except as required to meet state or federal standards.
(2) Restoration of Damage. A nonconforming use may be restored, if damaged less than 75 percent of its value by fire or other hazard, in the same location and dimensions as existed before the damage occurred if restoration begins within six months of the date the damage occurred. Upon a showing of hardship or conditions causing delay which are beyond the control of the applicant, the mayor may grant an extension of time for up to six additional months. (Ord. 07-012 § 1).
17.60.030 Changes to a nonconforming use.
A nonconforming use shall not be changed to another nonconforming use. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use. (Ord. 07-012 § 1).
17.60.040 Nonconforming structures.
(1) Alterations. A nonconforming structure may be altered or enlarged if:
(a) Alterations to the structure do not increase the nonconformity in any way;
(b) Alterations are necessary to meet city, state, or federal requirements; or
(c) Alterations meet the existing requirements of the zone in which the structure is located.
(2) Restoration of Damage. A nonconforming structure may be restored, if damaged less than 75 percent of its value by fire or other hazard, in the same location and dimensions as existed before the damage occurred if restoration begins within six months of the date the damage occurred. Upon a showing of hardship or conditions causing delay which are beyond the control of the applicant, the mayor may grant an extension of time for up to six additional months. (Ord. 07-012 § 1).
17.60.050 Nonconforming lots.
A structure and its customary accessory buildings may be erected on any legal lot created before the effective date of the ordinance codified in this title. This provision shall apply even though such lot fails to meet the minimum dimensional requirements of the underlying zoning district; provided, that such structure is allowed within that zoning district and all uses of the nonconforming lot shall comply with all other provisions of this title including setbacks, dimensional standards and lot coverage requirements. (Ord. 07-012 § 1).
17.60.060 Establishment.
The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such alleged nonconformity and not upon the city. Determination of the nonconforming status of a lot, use, building or structure is an administrative function of the administrator. Property owners asserting existing nonconforming status shall submit such information as the administrator deems necessary to substantiate or document the claim to the existing nonconformance. Documentation submitted by the property owner must ascertain the date the nonconformity was established and that it conformed to the applicable development regulations in effect at that time. Documentation may consist of such historical items as utility statements, property tax bills, real estate contracts, leases, building permits, dated photographs, newspaper clippings and other relevant documentation, when applicable. Unsubstantiated anecdotal evidence cannot be accepted for the determination of existing nonconforming status. (Ord. 07-012 § 1).