Chapter 18.54
NONCONFORMING USES
Sections:
18.54.020 Incompatibility with permitted uses.
18.54.030 Projects commenced before adoption of provisions.
18.54.040 Nonconforming lots of record.
18.54.060 Nonconforming structures.
18.54.070 Abandonment for discontinuance.
18.54.010 Intent.
Within the districts established by this title or amendments that may later be adopted, there exist lots 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 amendment. It is the intent of this chapter to permit these 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.
(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.54.020 Incompatibility with permitted uses.
Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts involved, except where specified in the permitted uses section of the zoning district text. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of the ordinance codified in this title 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. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.54.030 Projects commenced before adoption of provisions.
To avoid undue hardship, nothing in this chapter 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 the effective date of adoption or amendment of this title, and upon which actual building construction has been carried on diligently.
(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.54.040 Nonconforming lots of record.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this title, notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot fails to meet the requirements for area that may be generally applicable in the zone district. All other requirements of the district other than lot area shall still apply to the lot. A request to vary from the ordinance requirement may only be granted by decision of the hearing examiner.
(Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1991; Ord. 883, Added, 05/06/1984)
18.54.050 Nonconforming uses.
A. Except where specified in the applicable zoning district text, no nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied by such use at the effective date of the adoption or amendment of the ordinance codified in this title.
B. Except where specified in the applicable zoning district text, no nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel being occupied by such use at the effective date of the adoption or amendment of the ordinance codified in this title.
(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.54.060 Nonconforming structures.
A. Except where specified in the applicable zoning district text, no nonconforming structure may be enlarged or altered in a way that increases its nonconformity.
B. Should the nonconforming structure be destroyed by any means to an extent of more than fifty 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 the nonconforming structure be moved, it shall thereafter conform to the regulations of the district in which it is located.
(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.54.070 Abandonment for discontinuance.
A nonconforming use shall be deemed abandoned by having been discontinued for a period of two years, unless otherwise specified in the applicable zoning district text, and any subsequent future uses of such land or building shall be a use closer in conformity to the spirit and intent of the subject zone district, or in conformity with the provisions of this title. Determination of a proposed replacement nonconforming use, closer to the spirit and intent of the subject zone district, shall be pursued by the application for a conditional use permit as set forth in TMC Chapter 18.56.
(Ord. O95-035, Amended, 12/19/1995; Ord. 1229, Amended, 09/04/1990; Ord. 883, Added, 05/06/1984)