Chapter 17.71 - Nonconforming Uses, Structures, and Lots
Extracted standards
6 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Alteration increasing nonconformity requires VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship.
A nonconforming structure shall not be altered or enlarged so as to further increase the difference between existing conditions and the current development standards... unless a Variance or Minor Variance is obtained
- Damage threshold for rebuilding nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. nonresidential structure75 pct
To the extent of 75 percent or less, the use or structure may be rebuilt and resumed.
- Discontinuance period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use12 months
A nonconforming use shall lose its nonconforming status and shall not be reestablished if the nonconforming use is discontinued for any reason for a continuous period of at least 12 months.
- Enlargement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use requires Minor Conditional UseConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. Permit
A nonconforming use may not be altered or enlarged unless a Minor Conditional Use Permit is first obtained
- Building permit issuance for reconstruction24 months
A Building Permit for the reconstruction or repair is issued within 24 months after the date of destruction
- NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. residential rebuild allowed with same standards if involuntarily damaged
Nonconforming single- and multi-family dwelling units that have been involuntarily damaged or destroyed may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures
From the ordinance
A nonconforming use shall lose its nonconforming status and shall not be reestablished if the nonconforming use is discontinued for any reason for a continuous period of at least 12 months... To the extent of 75 percent or less, the use or structure may be rebuilt and resumed.