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Okanogan City Zoning Code

CHAPTER 18

104 NONCONFORMANCE

§ 18.104.010 Nonconforming lots.

A structure and its customary accessory buildings may be erected on any lot created before the effective date of the ordinance codified in this title. This provision shall apply even though such lot fails to meet the dimensional requirements of the underlying zoning district; provided, that such structure is allowed within that zoning district.
(Ord. 889 § 19, 2000)

§ 18.104.020 Nonconforming use of land.

Where lawful use of the land exists on the effective date of the ordinance codified in this title, which is not permissible under the terms of this title, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No such use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the ordinance codified in this title without the issuance of a conditional use permit subject to the following criteria that must be satisfied for approval:
1. 
It is found that expansion of such use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
2. 
Expansion of such a use shall not include new uses that are not allowed in the district; and
3. 
Expansion of such a use shall conform to all other standards of this title unless special circumstances should allow a variance to be issued in strict accordance with Chapter 18.88 OMC.
B. 
No such use shall be changed in any manner which will increase its nonconformity to the requirements of the zoning district in which it is located.
C. 
If a nonconforming use is discontinued or inactive for a period of three years, it shall be deemed a discontinued nonconforming use. A discontinued nonconforming use cannot be reestablished. Further use of the property must conform to the provisions of this title.
(Ord. 889 § 19, 2000)

§ 18.104.030 Nonconforming structures.

Where a lawful structure exists on the effective date of the ordinance codified in this title, which structure could not be built under the terms of this title, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
A. 
No structure shall be enlarged or altered in a way which increases its nonconformity without the issuance of variance;
B. 
Nothing in this title shall require any change in plans, construction, alteration or designated use of a structure for which a valid building permit has been legally issued and construction commenced prior to the adoption of the ordinance codified in this title and subsequent amendments to this title, except that if the designated use will be nonconforming it shall be discontinued if not in operation within two years of the date of issuance of the building permit;
C. 
Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety and health upon the order of such official.
(Ord. 889 § 19, 2000)

§ 18.104.040 Nonconforming signs.

Within three years of the effective date of the ordinance codified in this title, all signs in residential zoning districts which do not conform to those standards set out in Chapter 18.72 OMC shall either be removed or relocated or rearranged so as to eliminate any conflict with that chapter.
(Ord. 889 § 19, 2000)