It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this code to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or be used as grounds for adding other structures, or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the district involved. However, 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 to this title and which actual building construction has been carried on diligently.

(Ord. 298 § 1 (part) (11.02.200), 1997)

In any district, notwithstanding other limitations imposed by this chapter, structures permitted in such district may be erected on any single lot of record on the effective date of this code. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.

Where lots are larger than required by this chapter such lots may be divided, except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this title.

(Ord. 298 § 1 (part) (11.02.201), 1997)

(Ord. No. 351, § 1(Exh. A), 10-3-2016)

If lawful use of a structure, or of structures and premises, exist at the effective date of adoption or amendment of this title that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, providing that:

A.

No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed or structurally altered, unless the use is changed to a permitted use.

B.

Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.

C.

Any structure, or structure and land in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed.

D.

Whenever a nonconforming use of a structure or land ceases for one year, the structure or land shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term "ceases" as used in this subsection means that the activity in question has not been in operation for a period of one year.

E.

Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

For the purpose of this chapter, the lack of required off-street parking and off-street loading per Chapter 17.92 as applied to the CBD central business district shall not render structures as nonconforming as of the passage of this title.

(Ord. 307 § 4, 1999; Ord. 298 § 1 (part) (11.02.202), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

Editor's note— Ord. No. 354, § 1(Exh. A), adopted Oct. 15, 2018, changed the title of § 17.80.030 from "Nonconforming uses of land and structures" to read as herein set out.

Where a lawful structure exists at the effective date of adoption or amendment to the Zoning Ordinance that could not be built under the terms of this title by reason of restriction on area; lot coverage; height; yards or other characteristics of the structure or its location on the lot, such structure may be continued as long as it remains lawful subject to the following provisions:

A.

No such structure may be enlarged or altered in any way which increases its nonconformity. Unless the proposed expansion would create a new nonconformity or increase an existing nonconformity, no variance is required for the expansion. See Figure 1A.

B.

A nonconforming structure may be moved in whole or in part only if the movement or relocation eliminates or reduces the extent of the nonconformity.

C.

Nonconforming structures may be replaced with the same encroachments as the existing nonconforming structure without loss of nonconforming status provided that no new nonconformities are created and that the existing degree of nonconformity is not increased.

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

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*Height must conform to current setbacks requirements

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On any nonconforming structure or portion of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of nonbearing walls, to an extent not exceeding ten percent of the replacement value of the building in any one year, provided that such work does not increase the cubic content of the building. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or portion thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(Ord. 298 § 1 (part) (11.02.204), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

Editor's note— Ord. No. 354, § 1(Exh. A), adopted Oct. 15, 2018, renumbered former § 17.80.040 to § 17.80.050.

Conditional uses provided for under Chapter 17.84 shall not be deemed a nonconforming use in the district in which it is permitted.

(Ord. 298 § 1 (part) (11.02.205), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

Editor's note— Ord. No. 354, § 1(Exh. A), adopted Oct. 15, 2018, renumbered former § 17.80.050 to § 17.80.060.

A.

Where a nonconforming residential use exists at the time of the adoption or amendment to the Zoning Ordinance that could not be constructed under the terms of the Zoning Ordinance by the reason of use, such use shall be allowed to continue, and any future improvements or additions shall meet the requirements of the nearest residential zone and all other requirements pertaining to the proposed improvements.

(Ord. No. 354, § 1(Exh. A), 10-15-2018)