A. Within the zoning districts established by this title or any amendment that may later be adopted, there may exist lots, structures, uses of land and structures, and characteristics of use that were lawful before the effective date of the applicable regulations, but that would be prohibited, regulated, or restricted under the terms of GHMC Title 17 or a future amendment thereof. This chapter is intended to permit these nonconformities to continue until they are removed but not to encourage their perpetuation. It is further intended that nonconformities shall not be enlarged upon, expanded, extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

B. Because nonconformities do not conform to the requirements of the regulations within their zoning districts, they are declared by this chapter to be incompatible with the permitted uses in the districts involved. A nonconforming use of land shall not be extended or enlarged after passage of the ordinance codified in this chapter by the addition of other uses. 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 for which application for a building permit was made prior to the effective date of the adoption or an amendment of the ordinance codified in this title. (Ord. 1278 § 4, 2013; Ord. 710 § 68, 1996; Ord. 573 § 2, 1990).

A. Building on Nonconforming Lots of Record. In any district, notwithstanding limitations imposed by other provisions of Chapter 17.01 GHMC, permitted principal uses and structures and customary accessory buildings may be erected on any lot that is of record at the effective date of the adoption or of an amendment of the applicable regulations. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are applicable in the district. Such permitted principal uses and structures and accessory buildings shall be erected on such a nonconforming lot so that all dimensional requirements of the zoning title including minimum yard requirements, the maximum height of structures and the maximum coverage by all buildings are complied with.

B. Combination of Legally Nonconforming Lots. A property owner of two or more lots that are legally nonconforming as to lot area may request that the lots be combined into one larger lot, even if the resulting lot does not satisfy the existing lot area requirements in the underlying zone, as long as the director determines that the property owner has submitted sufficient evidence to demonstrate that the original lots are legally nonconforming. In addition, the lot combination shall satisfy the requirements of and be processed according to the procedures in Chapter 16.03 GHMC, with the exception of GHMC 16.03.003(B). This section does not apply in any overlay district to allow the combination of any lots created through the mixed use overlay district (MUD), a planned unit development (PUD) or planned residential district (PRD).

C. Dedication of Property to the Public. That portion of a lot remaining after dedication or sale of a portion of the lot to the city or state for street or highway purposes shall be a separate building site, as long as the area of the remaining lot is at least 3,000 square feet. (Ord. 1194 § 43, 2010; Ord. 573 § 2, 1990).

A. Any change to a nonconforming use or nonconforming structure shall be reviewed for compliance with the standards of this chapter and nonconforming review approval shall be obtained prior to the commencement of any such change.

B. Nonconforming review is a Type I project permit application and shall be processed as set forth in GHMC Title 19 with the exception of changes described in GHMC 17.68.035, which shall be processed as a Type III project permit application as set forth in GHMC Title 19.

C. A complete nonconforming review application shall contain the following information:

A. Enlargement Prohibited. No such nonconforming use shall be enlarged in size or increased in size or extended to occupy a greater area of land than was occupied at the effective date of the adoption or an amendment of such applicable regulations;

B. Movement of Uses. No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the effective date of the adoption or an amendment of such applicable regulations;

C. Destruction and Discontinuance.

D. No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land. (Ord. 1132 § 2, 2008; Ord. 573 § 2, 1990).

A. If no structural alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use, under the procedures established in GHMC Title 19 for a Type III project permit application. In order to approve such new nonconforming use, the hearing examiner must find that the proposed use is more appropriate for the district than the existing nonconforming use. The hearing examiner may also require that appropriate conditions and safeguards be imposed on the change from one nonconforming use to another.

B. Any structure and premises in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the use regulations for the district in which they are located and the nonconforming use may not thereafter be resumed. (Ord. 1132 § 4, 2008; Ord. 1122 § 3, 2008. Formerly 17.68.045).

A. No such nonconforming structure may be altered or remodeled in any way that increases its nonconformity respective to bulk or dimensional standards in effect, but any structure or portion thereof may be altered or remodeled to decrease its nonconformity;

B. A nonconforming structure that is damaged by fire, act of nature or other causes beyond the control of the owners may be reconstructed as long as it is not discontinued for more than 12 consecutive months. Any such structure that is unintentionally destroyed shall be reconstructed to the same or smaller configuration existing immediately prior to the time the structure was damaged or destroyed. The reconstruction shall comply with all applicable building codes in force at the time of replacement. As determined during the nonconforming use and structure review process (see GHMC 17.68.025), the reconstruction shall comply with all other applicable codes to the maximum extent possible. “Discontinued” is defined in GHMC 17.68.038;

C. Except as provided for in subsection E of this section, any such nonconforming structure or nonconforming portion of a structure that is intentionally damaged or intentionally altered may be reconstructed to the same or smaller configuration existing immediately prior to the time the structure was damaged or altered, provided the alterations and/or damage is valued at less than 50 percent of the replacement value of the structure as determined by the square foot construction cost table in the city’s fee schedule. Building permits for the reconstruction shall be submitted within one year of the time of intentional damage or alteration and shall remain active or reconstruction will not be allowed. The reconstruction shall comply with all applicable building codes in force at the time of replacement. As determined during the nonconforming use and structure review process (see GHMC 17.68.025), the reconstruction shall comply with all other applicable codes to the maximum extent possible. Interior-only remodels which do not increase a structure’s nonconformity shall not count towards the replacement cost as it relates to this section; and

D. Except as provided for in subsection E of this section, when a structure has a nonconforming structure status, the intentional removal, intentional damage, or intentional alteration of the structure shall eliminate the nonconforming status. Upon the elimination of the nonconforming status, the structure shall be brought into conformity with the existing code or shall be removed. “Intentional removal, intentional damage, or intentional alteration,” for the purposes of this subsection, is defined as damage and/or alterations valued at more than 50 percent of the replacement value of the structure at the time of damage and/or alterations, over the lifetime of the structure, as determined by the square foot construction cost table in the city’s fee schedule;

E. Downtown Nonconforming Structures. Intentional removal or alteration of structures with a nonconforming structure status in the DB zoning district and the WC zoning district abutting the DB zoning district shall be subject to the following provisions:

A. Repairs may be made to any nonconforming structure or any portion of a structure containing a nonconforming use; provided, they are restricted to the repairs or replacement of structural elements, fixtures, wiring and plumbing required so as to protect occupants and public safety. The need for such repairs or replacements shall be confirmed by the building official.

B. Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety and upon the order of such official. (Ord. 710 § 70, 1996; Ord. 573 § 2, 1990).