20.80.020 Termination of legal nonconforming uses.
This section outlines those reasons that may result in the termination of the legal nonconforming status of a nonconforming use or structure.
A. Termination by Violation of This Zoning Code. Any of the following violations of this zoning code shall result in the immediate termination of the right to operate a legal nonconforming use:
1. Changing an existing legal nonconforming use to another nonconforming use, except as otherwise provided in this chapter.
2. Increasing or enlarging the area, space, or volume occupied by the legal nonconforming use, except as otherwise provided in this chapter.
B. Termination by Discontinuance. Discontinuance of a legal nonconforming use as indicated herein shall result in the immediate revocation of the right to operate a nonconforming use:
1. Changing a lawful nonconforming use to a conforming use.
2. Discontinuance of a legal nonconforming use for a period of six or more successive calendar months.
C. Termination by Operation of Law. The following legal nonconforming uses and structures shall be discontinued and removed from their sites or made to conform to the provisions of this zoning code within the time specified in this section, except when extended or revoked as otherwise provided in this chapter:
1. Where the general use is permitted but is nonconforming because it is not operated or used in accordance with the development standards of this zoning code: six months.
2. Where the property is unimproved: one year.
3. Where the property is unimproved except for structures of a type for which the city’s adopted building code does not require a building permit: three years.
4. Where the property is unimproved except for structures which contain less than 100 square feet of gross floor area: three years.
5. Outdoor advertising signs and structures: See CMC 20.72.120.
6. A legal nonconforming use housed in a structure designed or suitable to serve a use permitted in the zone: five years.
7. The abatement period for other structures will adhere to the following schedule shown in Table 20.80-1.
Structure Type | Use | Base Period |
|---|---|---|
Light incombustible frame and wood frame structures | Flats, apartments, and double bungalow | 30 years |
Other dwellings | 35 years | |
Stores and factories | 25 years | |
Heavy timber construction and ordinary masonry structures | Apartments, offices, hotels, and residences | 40 years |
Structures with stores below and residences, hotel, or offices above | 40 years | |
Warehouses, stores, garages, and lofts | 40 years | |
Factories and industrial buildings | 50 years | |
Fire-resistive structures | Apartments and residences | 50 years |
Offices and hotels | 55 years | |
Theaters | 60 years | |
Warehouses, lofts, stores, and garages | 50 years | |
Industrial | 40 years |
D. Substitution of a Legal Nonconforming Use. A use that is not in violation of any provisions of this zoning code and is a legal nonconforming use only because it does not meet the requirements of the standards of development may be changed to another use permitted in the zone, but which also does not meet the requirements of the standards of development. The city must find that the new use is neither more detrimental to the public welfare nor to the property of persons located in the vicinity thereof than the prior use. Any such change of use shall not extend the termination date established for the original nonconforming use, which shall apply to the new use that does not meet the standards of development.
E. Public Uses. Any legal existing public use, including but not limited to schools, colleges, parks, libraries, fire stations, sheriff stations, and other public sites may be added to, extended, or altered without a variance, provided such additions, extensions, or alterations do not extend beyond the boundaries of the original site established prior to the time such approval was required, and provided said addition, extension, or alteration does not infringe upon the required off-street parking facilities established pursuant to the provisions of this zoning code.
F. Revocation of a Legal Nonconforming Use. A legal nonconforming use may be revoked subject to a public hearing conducted in the same manner as the revocation of a variance, conditional use permit, or other action as provided in Chapter 20.84 CMC, Part 2, if the planning commission finds:
1. That the condition of the improvements, if any, on the property is such that to require the property to be utilized only for those uses permitted in the zone where it is located would not impair the constitutional rights of such person;
2. That the nature of the improvements is such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person;
3. The use or development has violated another ordinance or law; or
4. The use or development is being conducted in a manner detrimental to public health, safety, or welfare, or such use or development constitutes a nuisance.
G. Public Utilities. Nothing in this chapter pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance, or removal of, or to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding, and continued use of, public utility buildings, structures, equipment, and facilities; provided, that there is no change in the use nor enlargement of those areas so used.
H. Extension of a Legal Nonconforming Use. The following requirements must be adhered to in the consideration and granting of extensions for nonconforming uses:
1. Initiation. The owner of a property occupied by a legal nonconforming use may apply to the planning commission in the manner set forth in Chapter 20.84 CMC to extend the period for the legal nonconforming use. Such an application is timely only if filed prior to the date the use terminates pursuant to this chapter, or within three months of notification from the city of the termination of the nonconforming use, whichever is later.
2. Notice and Hearing. A hearing on the application of extension shall be noticed pursuant to CMC 20.84.100 and shall be held before the planning commission within 60 days of the date the application is filed.
3. Findings and Decision. The planning commission shall approve the request for extension of time if it finds that the required time for termination of the nonconformity otherwise provided by this chapter is insufficient to allow the applicant reasonable amortization of the fixed investment in the nonconforming use. If the planning commission is unable to make such a finding, it shall deny the extension or expansion of a legal nonconforming use or an increase in the degree of nonconformity. Notice of the decision shall be given pursuant to CMC 20.84.120.
4. Conditions. Upon approving an extension, the planning commission may impose conditions relating to the continuation, modification, conversion, or termination of the use and facilities to protect neighboring properties and to serve the purposes of this zoning code.
5. Effective Date and Appeal. The decision of the planning commission shall be effective and final 15 days after it is rendered unless an appeal is filed pursuant to CMC 20.84.160. Such an appeal shall be considered pursuant to CMC 20.84.160.
6. Modification of Conditions. Conditions related to the granting of an extension for a nonconforming use may be modified as long as the following conditions have been met:
a. After an extension has been granted, modifications of the conditions, including additions or deletions, may be considered upon an application by the owner of the subject property, filed in accordance with the provisions of this chapter.
b. A public hearing on a proposed modification need not be held unless requested by the applicant, or unless the director of community development, the planning commission, or the city council determines that the proposed modifications exceed the intent of the original approval of the extension.
c. The hearing, decision, and any appeal in connection with a modification of conditions shall be governed by the provisions of this section which control new applications for extensions of time. (Ord. 690 § 4 (Exh. A), 2018).