Chapter 18.87
NONCONFORMING LOTS, USES AND STRUCTURES

Sections:

18.87.010 Applicability.

18.87.020 Nonconforming use of land.

18.87.030 Nonconforming structures.

18.87.040 Conditions of continuance of nonconforming use of structure.

18.87.050 Nonconforming lots.

18.87.010 Applicability.

This chapter shall apply to structures, uses and lots that become nonconforming as a result of the passage of this title, or any subsequent amendments. (Ord. 92-08 § 2, 1992)

18.87.020 Nonconforming use of land.

A nonconforming use of land may be continued; provided, that:

A. The use is not enlarged, increased, or extended to occupy a greater area of land or structure than was occupied on the date of adoption of this code;

B. The use is not moved in whole or in part to any other portion of the lot or parcel; and

C. If the use ceases for a period of more than 180 days, the subsequent use of the land shall be conforming. (Ord. 92-08 § 2, 1992)

18.87.030 Nonconforming structures.

A nonconforming structure may remain and be used; provided, that:

A. The structure is not enlarged or altered so as to increase its nonconformity;

B. If moved, the structure shall be made to conform to regulations of this code;

C. If a building is harmed or destroyed by more than 50 percent of its replacement value, as determined by the building official, the building must be reconstructed in compliance with the requirements for the zone in which it is located; and

D. Any structure other than a building that is damaged or removed to an extent that exceeds 50 percent of its replacement value, as determined by the building official, may be replaced or reconstructed in substantially the same location and of substantially the same design as the predamaged or preremoved structure, if a complete application is submitted for any and all required construction permits within 180 days of the damage or removal. (Ord. 2004-12 § 25, 2004: Ord. 92-08 § 2, 1992)

18.87.040 Conditions of continuance of nonconforming use of structure.

A nonconforming use of a structure may be continued; provided, that:

A. The structure is not enlarged or moved;

B. It may be changed to another nonconforming use by the hearing examiner;

C. If it is superseded by a conforming use, the nonconforming use may not thereafter be resumed; and

D. If it is discontinued for a period of six consecutive months or for a total of 18 months in any three-year period, it may not thereafter be resumed. (Ord. 92-08 § 2, 1992)

18.87.050 Nonconforming lots.

A. Nonconforming Single Lots. Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded with the county auditor’s office may be used for the purposes permitted by this title notwithstanding the minimum lot area, lot width and lot depth required. (Ord. 99-05 § 1, 1999: Ord. 98-10 § 1, 1998; Ord. 95-36 § 1, 1995; Ord. 95-19 § 1, 1995; Ord. 94-10 § 1, 1994; Ord. 92-08 § 2, 1992)