Lynden City Zoning Code
CHAPTER 19
35 - NONCONFORMING USES
19.35.010 - Existing nonconforming uses—Continuation authorized.
Any nonconforming use, as defined in the definitions of Chapter 17.01, which lawfully existed at the time of the final passage of the ordinance codified in this title, is permitted to continue and to be maintained and operated.
(Ord. 1000 § A(part), 1995).
(Ord. No. 1616, § A, 2-17-2021)
19.35.020 - Essential use alteration—Limitation.
A nonconforming use may be changed or altered only to uses within the same classification or to a use in a classification of higher priority in accordance with the essential use classification established in the established districts of the ordinance codified in this title.
(Ord. 1000 § A(part), 1995).
(Ord. No. 1616, § A, 2-17-2021)
19.35.030 - Nonconforming bulk only—Alteration—Variance required.
A nonconformer as to bulk, but not as to use, may be substantially altered, renovated, enlarged or reconstructed only through the granting of a variance as provided in this title.
(Ord. 1000 § A(part), 1995).
(Ord. No. 1616, § A, 2-17-2021)
19.35.040 - Enlargement or expansion—Conformance required.
A building or structure containing a nonconforming use shall not be enlarged or expanded unless the use is brought into conformance with the provisions of this title.
(Ord. 1000 § A(part), 1995).
(Ord. No. 1616, § A, 2-17-2021)
19.35.050 - Maintenance not to be construed as alteration.
Regular and ordinary maintenance shall not be construed as enlargement, expansion, change, alteration, renovation or reconstruction as used in this chapter.
(Ord. 1000 § A(part), 1995).
(Ord. No. 1616, § A, 2-17-2021)
19.35.060 - Vacancy—Use discontinuance when.
A nonconforming use which has been discontinued for a period of one year or more shall not be reactivated nor operated, nor shall an occupancy permit be granted to such discontinued use. In such instances, an occupancy permit shall be granted only when the use has been brought into conformity with the provisions of this title. When a building or structure is vacant, the use therein shall be deemed discontinued.
(Ord. 1000 § A(part), 1995).
(Ord. No. 1616, § A, 2-17-2021)
19.35.070 - Deterioration or destruction—Use discontinuance when.
When a building or structure containing a nonconforming use is destroyed or deteriorates to the extent to fifty percent or more, as determined by the building inspector, such nonconforming use shall be discontinued and any subsequent use of the property shall be in conformance with the provisions of this title.
(Ord. 1000 § A(part), 1995).
(Ord. No. 1616, § A, 2-17-2021)