The regulations set forth in this chapter shall govern the continuation of nonconforming use, development, and density.

(Ord. No. U-97, § 233, 1-27-2009; Ord. No. N-90, § 1(part), 1986)

Editor's note— Ord. No. W-34, § 2, adopted May 27, 2014, repealed § 21.52.015, which pertained to intent and derived from Ord. No. U-90, § 1(part), adopted in 1986 and Ord. No. U-97, § 234, adopted Jan. 27, 2009.

The provisions of this section apply to land uses, buildings and structures that were permitted by the city at the time of approval or construction but do not presently conform to permitted uses authorized by the city zoning ordinance. The intent of this chapter is to allow the continued use of land and structures that were lawfully authorized by the city. No building or structure that is considered an "unfit structure" as set forth in Chapter 19.16 shall be entitled to exercise rights or privileges under this chapter.

(Ord. No. W-34, § 3, 5-27-2014; Ord. No. U-97, § 235, 1-27-2009; Ord. No. N-90, § 1(part), 1986)

Editor's note— Ord. No. W-34, § 3, adopted May 27, 2014, amended § 21.52.020 and in so doing changed the title of said section from "Continuation of nonconforming situations" to "Intent" as set out herein.

An expansion of a non-conforming structure is discouraged. The city planner may permit one expansion of such structure where the area occupied by the structure will not increase by more than 10 percent and will not endanger the public health or safety. Notice of the proposed expansion shall be provided as set forth in Cheney Municipal Code Chapter 23.100, Notice of Application.

(Ord. No. W-34, §§ 4, 5, 5-27-2014)

Editor's note— Ord. No. W-34, § 4, adopted May 27, 2014, repealed § 21.52.030, which pertained to alteration of nonconforming use and derived from Ord. No. N-90, § 1(part), adopted in 1986. Subsequently, § 5 of said ordinance amended and renumbered § 21.52.040 as 12.52.030, as set out herein.

Regular and ordinary maintenance of a nonconforming use or structure shall not be construed as enlargement, expansion, change, alteration, renovation, or reconstruction as used in this chapter.

(Ord. No. W-34, §§ 6, 7, 5-27-2014; Ord. No. U-97, § 236, 1-27-2009; Ord. No. N-90, § 1(part), 1986)

Editor's note— Ord. No. W-34, § 6, adopted May 27, 2014, repealed § 21.52.050, which pertained to enlarging structure containing nonconforming use and derived from Ord. No. N-90, § 1(part), adopted in 1986. Subsequently, § 7 of said ordinance amended and renumbered § 21.52.060 as 21.52.040, as set out herein.

A nonconforming use or structure which has been discontinued for a period of one year is deemed abandoned and shall not be reused or reoccupied for any nonconforming use. In such instances, an occupancy permit shall be granted only when the use or structure has been brought into conformity with this title.

(Ord. No. W-34, § 8, 5-27-2014; Ord. No. N-90, § 1(part), 1986)

Editor's note— Ord. No. W-34, § 8, amended and renumbered § 21.52.070 as § 21.52.050, as set out herein.

To reinstate non-conforming rights under this section where a building or structure has been damaged or partially destroyed to the extent that less than 60 percent of its value or structure, excluding the foundation, has been damaged or partially destroyed, the property owner may restore the building or structure provided, application for a building permit or other entitlement has been submitted to the city within one year from the date of the damage or destruction. The application period may be extended if the property owner or agent produces evidence showing a pending insurance or other claim which has delayed reasonable progress toward obtaining a building permit. This determination shall be made according to the reasonable discretion of the city planner. The repair of a non-conforming building or structure shall be in compliance with all building codes.

To determine the extent of the remaining value of a building or its structural loss, a qualified property appraiser or design professional shall be retained by the property owner to provide an opinion concerning the extent of the loss. The determination of value or structural loss shall be made by estimating the value or structural improvements (excluding fixtures, furnishings and equipment) prior to the damage (the "before condition") and the value or structural improvements remaining after the damage (the "after condition") with the extent of the loss measured by the difference between the before condition and the after condition. Reasonable valuation and structural estimating shall be employed consistent with practices used by the construction, building, real estate and insurance industries.

(Ord. No. W-34, § 9, 5-27-2014; Ord. No. W-22, § 97, 4-22-2014; Ord. No. U-97, § 237, 1-27-2009; Ord. No. T-84, § 25, 2005; Ord. No. S-98, § 1, 2002; Ord. No. N-90, § 1(part), 1986)

Editor's note— Ord. No. W-34, § 9, amended and renumbered § 21.52.080 as § 21.52.060, as set out herein.

(a)

For nonconforming lots of record existing prior to the effective date of this title or amendment thereof, notwithstanding limitations imposed by other provisions of this title, the following uses are permitted:

(1)

In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected.

(2)

In any zone which permits duplexes, a single-family residence or a duplex, and customary accessory, may be erected.

(b)

The provisions of this section shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable to the zone; provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the zone in which the lot is located. Variance of the setback requirements shall be obtained only through action of the hearing examiner in the manner prescribed in chapter 21.60.

(Ord. No. V-77, § 19, 9-27-2011; Ord. No. U-97, § 238, 1-27-2009; Ord. No. O-36, § 1, 1987; Ord. No. N-90, § 1(part), 1986)

After the effective date of the ordinance codified in this section, no persons shall establish common residence in excess of the limitation provided in section 21.51.100, provided persons in residence before the effective date may continue to share residence for one year following the effective date, but not thereafter.

(Ord. No. P-55, § 7, 1992)