Chapter 17.72
NONCONFORMING USES
Sections:
17.72.010 Intent of provisions.
17.72.020 Extensions and additions prohibited.
17.72.030 Construction in progress – Conformance not required.
17.72.040 Single-family dwelling permitted when.
17.72.050 Nonconforming use of land – Conditions for continuance.
17.72.060 Nonconforming structures – Conditions for continuance.
17.72.070 Nonconforming uses of structure and land – Compliance with provisions required.
17.72.080 Alteration of structures prohibited – Exception.
17.72.090 Internal expansion permitted – Restrictions.
17.72.100 Change to another nonconforming use permitted when – Board of adjustment authority.
17.72.110 Return to nonconforming use prohibited when.
17.72.120 Discontinuance of nonconforming use – Conformance with district regulations required when.
17.72.130 Nonconforming use of structure and land – Removal of structure – Effect.
17.72.140 Repair and maintenance of buildings permitted – Restriction.
17.72.150 Unsafe building repair permitted when.
17.72.160 Conditional use not considered nonconforming use.
17.72.010 Intent of provisions.
Within the districts established by this title or amendments that may later be adopted there exist lots, structures and uses of land and structures which were lawful before the date 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 amendment. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title 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. (Ord. A-580 § 6(1), 1964).
17.72.020 Extensions and additions prohibited.
A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after May 19, 1964 by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. (Ord. A-580 § 6(1), 1964).
17.72.030 Construction in progress – Conformance not required.
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to June 20, 1964, the effective date of adoption of the ordinance codified in this title, or upon its amendment, and upon which actual construction has been diligently carried on. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided, that work shall be diligently carried on until completion of the building involved. (Ord. A-580 § 6(1), 1964).
17.72.040 Single-family dwelling permitted when.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any one or more lots, or on a lot and portion or portions of another lot or lots of record on or before June 20, 1964, the effective date of adoption of the ordinance codified in this title, or upon its amendment. This provision shall apply even though such parcel fails to meet the requirements for area, width, or both, that are generally applicable in the district; provided, that yard dimensions and other requirements not involving lot area, width, or both, of the parcel shall conform to the regulation for the district in which such parcel is located. Variance not involving lot area or lot width shall be obtained only through action of the board of adjustment. (Ord. A-580 § 6(2), 1964).
17.72.050 Nonconforming use of land – Conditions for continuance.
Where, on or before June 20, 1964, lawful use of land exists that is made no longer permissible under the terms of the ordinance codified in this title, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was under the same ownership on or before June 20, 1964; the effective date of adoption of the ordinance codified in this title, or upon its amendment;
B. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located. (Ord. A-580 § 6(3), 1964).
17.72.060 Nonconforming structures – Conditions for continuance.
Where a lawful structure exists on or before June 20, 1964, the effective date of adoption of the ordinance codified in this title, or upon its amendment, that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its nonconformity;
B. Should such structure be destroyed by any means to an extent of more than 65 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title;
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. A-580 § 6(4), 1964).
17.72.070 Nonconforming uses of structure and land – Compliance with provisions required.
If a lawful use of a structure, or of structure and land in combination, exists on or before June 20, 1964, the effective date of adoption of the ordinance codified in this title, or upon its amendment, that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the provisions set forth in TMC 17.72.030 through 17.72.170. (Ord. A-580 § 6(5), 1964).
17.72.080 Alteration of structures prohibited – Exception.
No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. (Ord. A-580 § 6(5)(a), 1964).
17.72.090 Internal expansion permitted – Restrictions.
Any nonconforming use may be expanded or extended throughout any parts of a structure; provided, that no structural alterations except those required by law are made, and that no such use shall be extended to occupy any land outside such structure. (Ord. A-580 § 6(5)(b), 1964).
17.72.100 Change to another nonconforming use permitted when – Board of adjustment authority.
If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use; provided, that the board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this title. (Ord. A-580 § 6(5)(c), 1964).
17.72.110 Return to nonconforming use prohibited when.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed. (Ord. A-580 § 6(5)(d), 1964).
17.72.120 Discontinuance of nonconforming use – Conformance with district regulations required when.
When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. (Ord. A-580 § 6(5)(e), 1964).
17.72.130 Nonconforming use of structure and land – Removal of structure – Effect.
Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. A-580 § 6(5)(f), 1964).
17.72.140 Repair and maintenance of buildings permitted – Restriction.
On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided, that the cubic content of the building as it existed at the time of passage or amendment of this title shall not be increased. (Ord. A-580 § 6(6), 1964).
17.72.150 Unsafe building repair permitted when.
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, upon order of such official. (Ord. A-580 § 6(6), 1964).
17.72.160 Conditional use not considered nonconforming use.
Any use for which a conditional use is permitted as provided in this title shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district. (Ord. A-580 § 6(7), 1964).
17.72.170 Transferability.
The ownership of property classed as nonconforming may be transferred without affecting the right to continue such nonconforming use. (Ord. A-580 § 6(8), 1964).