Chapter 18.56
NONCONFORMING LOTS, BUILDINGS AND USES
Sections:
18.56.020 Nonconforming lots of record.
18.56.030 Expansion of nonconforming buildings and structures.
18.56.040 Continuance and discontinuance of nonconforming uses.
18.56.050 Buildings under construction.
18.56.060 Nonconforming signs.
18.56.010 Purpose and intent.
Within the districts established by this title, there exist certain buildings, lots and uses which were lawful before these regulations were adopted but which would be prohibited, regulated or restricted under the terms of these regulations or future amendments. It is the intention of this chapter to permit nonconforming uses to continue and permit expansion of legal nonconforming businesses, subject to full compliance with current development standards. (Ord. 1456 § 1, 2003; Ord. 1167 § 1, 1995)
18.56.020 Nonconforming lots of record.
Notwithstanding the limitation imposed by other provisions of this title, any permitted use or building may be erected or established on any single lot of record existing at the effective date of adoption or amendment, as applicable, of these regulations, even though such lot fails to meet the requirements for area or width, or both, applicable to the particular district involved; provided, that building setbacks are observed and the lot otherwise conforms to the regulations for the district in which the lot is located. (Ord. 1167 § 1, 1995)
18.56.030 Expansion of nonconforming buildings and structures.
A nonconforming building or structure which contains a conforming use may be expanded, enlarged or extended; provided, that any such additions meet the applicable yard requirements, buffer and landscape strip requirements and all other current regulations for the district in which it is located. Legal nonconforming businesses may be expanded, subject to full compliance with current development standards. (Ord. 1456 § 1, 2003; Ord. 1167 § 1, 1995)
18.56.040 Continuance and discontinuance of nonconforming uses.
The lawful use of any building, structure, sign or land existing at the time of enactment of these regulations may be continued, subject to the limitations of this section, even though such use does not conform with the use provisions of the district in which it is located, except that a nonconforming use, land containing a nonconforming use, nonconforming principal building, or nonconforming accessory structure such as a sign shall not be:
(1) Changed to another different nonconforming use which increases the degree of nonconformity (i.e., increased density);
(2) Reestablished after vacant for one year;
(3) Expanded, enlarged or extended, unless such use is changed to a use permitted in the district in which such use is located although expansions of legal nonconforming businesses are permitted, subject to full compliance with current development standards;
(4) Rebuilt, altered or repaired, after damage exceeding 80 percent of its replacement value at the time of construction, as determined by the records of the county assessor for one year proceeding the damage or destruction, or by the average amount from two building appraisals performed by independent qualified appraisers, at the owner’s expense. However, in the case of residential and residential accessory uses, the owner may rebuild or repair even if the aforementioned damage equals up to 100 percent of its replacement value at the time of destruction. (Ord. 1793 § 1 (Exh. A), 2016; Ord. 1456 § 1, 2003; Ord. 1264 § 1, 1997; Ord. 1183 § 1, 1995; Ord. 1167 § 1, 1995)
18.56.050 Buildings under construction.
Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the adoption of the regulations contained in this title. (Ord. 1167 § 1, 1995)
18.56.060 Nonconforming signs.
Nonconforming signs shall not be increased in the extent of nonconformity, enlarged, or altered in any such manner, including the addition of illumination. Nonconforming signs shall not be moved or replaced except to bring into complete conformity with Chapter 18.60 WMC.
Messages of nonconforming signs may be changed provided new nonconformities are not created. Nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any 12-month period 50 percent of the value (tax value if listed for tax purposes) of such signs. (Ord. 1167 § 1, 1995)