Chapter 17.160 — NONCONFORMING USES

The purpose of these regulations is to control, ameliorate, terminate, or lead to the eventual elimination of, uses which do not conform to this title. These regulations shall apply to all nonconforming uses.

A nonconforming use which is in existence on the effective date of the ordinance codified in this title, or of any subsequent rezoning or other amendment thereto which makes such use nonconforming and which existed lawfully under the previous zoning controls, may thereafter be continued and maintained indefinitely, and the rights to such use shall run with the land, except as otherwise specified in the nonconforming use regulations. However, no substitution, extension, alteration, or other change in any nonconforming use is permitted, except as specifically provided hereinafter. If any nonconforming use ceases, the subsequent use of the land or building shall be in conformity with the regulations specified by this title for the district in which such land/building is located.

Nonconforming activity is a use or activity which is not itself permitted in the district in which it is located. Nonconforming activities shall be subject to the following:

A. The nonconforming use of a portion of a building may be extended throughout the building, and to new square footage added to the building; provided, that in each case a conditional use permit shall first be obtained.

B. The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a conditional use permit shall first be obtained. If a nonconforming use is replaced by a use of lesser intensity, the occupancy thereafter may not revert to a nonconforming use of greater intensity.

C. If the nonconforming use of a building ceases for a continuous period of 12 months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located. Replacement uses continuing the nonconforming use within the 12month period shall be substantially similar to the previous nonconforming use. The cessation or abandonment of use shall mean any giving up, closing, surrender, interruption, termination or discontinuance of a nonconforming use, regardless of intent to surrender the nonconforming use.

A nonconforming facility is a building or facility which is not itself permitted in the district in which it is located, or does not conform to the density, height, yard, buffering, landscaping or screening, or other requirements applying to facilities. Nonconforming facilities shall be subject to the following:

A. A nonconforming building damaged or destroyed by fire, explosion, earthquake, or other act of an extent of more than 50 percent of the replacement cost, as determined by the Building Official, may be restored only if made to conform to all the regulations of the district in which it is located; provided, that such building may be restored to a total floor area not exceeding that of the former building if a conditional use permit is first secured in each case.

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1. Notwithstanding, single-family residences may be rebuilt and expanded in residential, commercial, industrial, downtown core and office districts without obtaining a conditional use permit; provided, that there is no increase in the number of dwelling units. Any expansion shall be allowed only if it complies with all current development standards for the district in which the subject property is located.

B. Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made and providing that such work does not exceed 15 percent of the appraised value in any one-year period, except for single-family residences, which may make improvements and expansions, provided no increase in the number of dwelling units result and that any expansion complies with applicable development standards. Other repairs or alterations may be permitted; provided, that a conditional use permit shall first be secured in each case.

C. Drive-through uses existing as of December 18, 2012 may be modified for aesthetic, safety, or other reasons as determined appropriate by the City, but no modifications that would intensify or expand the use shall be permitted.

D. Nothing contained in this chapter shall be deemed to require any change in the plans, construction or designated use of any building of which a building permit has properly been issued in accordance with the provisions of ordinances then effective, and upon which actual construction has been started prior to the effective date of the ordinance codified in this chapter; provided, that in all such actual cases construction shall be diligently carried on until completion of the building.

truction or designated use of any building of which a building permit has properly been issued in accordance with the provisions of ordinances then effective, and upon which actual construction has been started prior to the effective date of the ordinance codified in this chapter; provided, that in all such actual cases construction shall be diligently carried on until completion of the building.

E. Minor antennas and their associated support structure, including those facilities used by licensed amateur radio operators in the Amateur Radio Service, approved prior to January 1, 1997, shall be deemed legal, prior existing facilities and shall not be subject to any of the requirements established in Chapter 17.130 SMC or the zoning district in which they are located. However, if the facility use is abandoned for a continuous period of twelve months, the facility is destroyed in excess of 50 percent of its appraised value or the facility is expanded, enlarged or rebuilt in excess of 15 percent of the appraised value in any one-year period, then the appropriate requirements of SMC 17.130 SMC shall apply.

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