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A. Applicability

This section applies to any nonconforming use. A "Nonconforming Use” is a situation that occurs when property is used legally for a purpose and then, in any manner, prohibited or made unlawful by the use regulations or development and performance standards applicable to the zoning district where the property is located. The term also refers to the activity that constitutes the use made of the property.

B. Generally

1. Subject to subsection 18.60.020.C.2, a nonconforming use may extend throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was designed or arranged to accommodate the use. However, except as otherwise provided in Section 18.60.070, a nonconforming use may not extend to additional buildings or to land outside the original building.

2. Except as otherwise provided in Section 18.60.070, a nonconforming use of open land may not extend to cover more land than was occupied by that use when it became nonconforming. However, a use that involves the removal of natural materials from the land may expand to other portions of the lot where the use was established at the time it became nonconforming if:

a. ninety (90) percent or more of the earth products had already been removed on the effective date of this ordinance, and

b. the development and performance standards otherwise applicable to the use were complied with.

C. Change of Nonconforming Use

1. A change in use of property (where a nonconforming situation exists) may not be made except in accordance with subsections 2 through 4 of this section. This requirement does not apply if only a sign permit is needed.

2. If the change in use is to a principal use that is permitted in the district where the property is located, and all of the other requirements of this title are complied with, the property owner must obtain permission from the Planning Official to make the change. After the property conforms to this Title, it may not revert to its nonconforming status.

3. If the change in use is to a principal use that is permitted in the district where the property is located and the site or development requirements cannot reasonably be complied with, the change is allowed with the approval of a nonconforming situation permit submitted through an administrative review application.

a. The non-conforming situation permit may be issued if the Planning Official finds, in addition to any other findings that are required by this title, that the change will not violate Section 18.60.060 and that all of the applicable requirements of this chapter will be complied with that are reasonably possible.

b. Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or without moving a substantial structure that is on a permanent foundation.

c. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.

d. This subsection does not allow an applicant to construct a building or add to an existing building if that would create additional nonconformities.

D. Abandonment

If a nonconforming use is discontinued for a consecutive period of one hundred eighty (180) days, or discontinued for any period of time without a present intention of resuming that activity, then the property shall conform to all of the regulations applicable to the preexisting use.

(⇔ compare general rules for nonconforming situation in 18.60.020.E)

E. Single-Family Dwellings

Any structure used as a single-family dwelling and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, if the enlargement or replacement:

1. does not create new nonconformities, and

2. does not increase the extent of the existing nonconformities with respect to the zoning district regulations or Chapter 18.30, and

3. complies with Section 18.60.040. (Ord. 02-54 § 2, 2002)