Chapter 17.130
NONCONFORMING USES AND STRUCTURES
Sections:
17.130.020 Nonconforming structure.
17.130.022 Nonconforming lots.
17.130.024 Nonconforming use of land.
17.130.010 Continuation.
A nonconforming use or structure may be continued and maintained in reasonable repair but shall not be extended except in accordance with the provisions of this chapter. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of the passage of the ordinance codified in this chapter is not an extension of a nonconforming use. (Ord. 778 § 2 (Exh. A), 2017).
17.130.020 Nonconforming structure.
Where a lawful structure exists on the effective date of the ordinance codified in this title, which structure could not be built under the terms of this title, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
A. No structure shall be enlarged or altered in a way which increases its nonconformity without the issuance of variance;
B. Nothing in this title shall require any change in plans, construction, alteration or designated use of a structure for which a valid building permit has been legally issued and construction commenced prior to the adoption of the ordinance codified in this title and subsequent amendments to this title, except that if the designated use will be nonconforming it shall be discontinued if not in operation within two years of the date of issuance of the building permit;
C. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety and health upon the order of such official. (Ord. 778 § 2 (Exh. A), 2017).
17.130.022 Nonconforming lots.
A structure and its customary accessory buildings may be erected on any 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 dimensional requirements of the underlying zoning district; provided, that such structure is allowed within that zoning district. (Ord. 778 § 2 (Exh. A), 2017).
17.130.024 Nonconforming use of land.
Where lawful use of the land exists on the effective date of the ordinance codified in this title, which is not permissible under the terms of this title, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the ordinance codified in this title without the issuance of a conditional use permit subject to the following criteria that must be satisfied for approval:
1. It is found that expansion of such use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
2. Expansion of such a use shall not include new uses that are not allowed in the district; and
3. Expansion of such a use shall conform to all other standards of this title unless special circumstances should allow a variance to be issued in strict accordance with Chapter 17.105 TMC.
B. No such use shall be changed in any manner which will increase its nonconformity to the requirements of the zoning district in which it is located. (Ord. 778 § 2 (Exh. A), 2017).
17.130.030 Discontinuance.
If a nonconforming use is not active by use for a period of three years, it shall be deemed a discontinued nonconforming use. A discontinued nonconforming use cannot be revived and further use of the property must conform to the provisions of this title. (Ord. 778 § 2 (Exh. A), 2017).
17.130.040 Change.
If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the district in which it is located, and after change, it cannot be changed back again to any nonconforming use. (Ord. 778 § 2 (Exh. A), 2017).
17.130.060 Completion.
Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been legally issued and construction commenced prior to the adoption of the ordinance codified in this chapter and subsequent amendments thereto; except that if the designated use will be nonconforming it shall, for the purposes of this chapter, be a discontinued use if not in operation within two years of the date of issuance of the building permit. (Ord. 778 § 2 (Exh. A), 2017).