Chapter 18.70 — NONCONFORMING USES

The purpose of the regulation of nonconforming uses is to control, reduce, or eliminate conflicts arising from the presence in any district of uses or structures not conforming to district regulations. (Ord. 337 Exh. A, 1991)

• A. Use. A nonconforming use is one which was originally legal but which does not conform to the provisions of the district in which it is situated. Any previously existing use for which district regulations now require a conditional use permit shall be deemed to be nonconforming until such a permit is secured. Expired use permits do not confer nonconforming use status.

• B. A nonconforming structure is one which was legal at the time of construction, but which does not presently conform to the provisions of the district in which it is situated. Any previously existing structure for which district regulations now require a conditional use permit shall be deemed to be nonconforming until such a permit is secured.

• (Ord. 337 Exh. A, 1991)

All nonconforming uses or structures shall be subject to the following regulations:

• A. A nonconforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a nonconforming structure may be reconstructed in such a way as to make it conforming.

• B. A nonconforming use of a structure shall not be re-established if such use has been discontinued for a period of nine months or more, or has been changed to, or replaced by, a conforming use, intent to resume use of nonconforming structure shall not confer the right to do so.

• C. A nonconforming use of land, not involving a structure other than fences, and buildings less than four hundred square feet in area, shall not be reestablished if such use of land has been discontinued for a period of nine months or more, or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use of land shall not confer the right to do so.

• D. A nonconforming structure which is damaged by fire, flood, or act of God to an extent exceeding fifty percent of its fair market value shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated. Provided, however, that a nonconforming structure which is a residential structure located in any zone may be restored or reconstructed even if it is one hundred percent destroyed or damaged by fire, flood, or an act of God, provided that the structure does not exceed by more than five percent in square footage or five percent ground coverage the structure which has been destroyed by any such fire, flood or an act of God.

• E. Notwithstanding any of the regulations of this section, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit for major structural alterations or demolitions necessary in the interest of public safety, in granting such a building permit, the building official shall state the precise reason why such alterations were deemed necessary.

• F. The existence of one or more nonconforming uses on any parcel, lot or site shall not justify or allow a change in the character, nature or scale of the business or functioning of any nonconforming use.

• G. The provisions of this section may not be altered or varied by conditional use permits or variances.

• (Ord. 337 Exh. A, 1991; Ord. 345 § 1, 1993; Ord. 435 § 3, 2011)

A building, structure, or part thereof, which does not conform to the regulations for the district in which it is situated, but for which a building permit was issued prior to the enactment of the ordinance codified in this title, completed providing the work is diligently pursued. Such building, structure, or part thereof shall be deemed to be a nonconforming use and shall thereafter be subject to the restrictions set forth in this title.

(Ord. 337 Exh. A, 1991)