21.12.200 Nonconforming uses.
Any existing use lawfully established prior to the regulation of this title, which is not permitted in the use zone in which it is located, is hereby declared a nonconforming use and not in violation of this title. (A use which requires a conditional use permit is considered a nonconforming use unless a conditional use permit is obtained.) Such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. Enlargement. Such nonconforming use shall not be:
1. Enlarged, extended, increased or intensified;
2. Extended to occupy a greater area than was occupied at the effective date of adoption or amendment of the ordinance codified in this chapter.
Provided, however, that the extension of a nonconforming use throughout any parts of the building it occupies which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this chapter shall not be prohibited; no such use shall be extended to occupy any land outside such buildings.
B. Relocation. No nonconforming use shall be moved in whole or part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this chapter.
C. Alteration or Improvement of Nonconforming Structures and Sites. No existing nonconforming structure or site as described in LMC 21.12.400 occupied by a nonconforming use as defined in this section shall be altered or improvements made to it, except at such time the use is changed to a use permitted in the zone where the structure or site occurs. Such changes of use and improvements may be made if the following provisions are met:
1. If the value of improvements to the structure within 36 consecutive months where a nonconforming-to-conforming change of use is to occur does not exceed 10 percent of the assessed or appraised value of the structure, whichever is greater, then the following shall apply:
a. No increase in floor area or dwelling units is permitted.
b. Interior remodels or exterior alterations such as canopies, terraces, roof overhangs, or covers over walkways that do not increase floor area are permitted. Such exterior alterations which extend into required setback yards shall not project beyond the property line; and in no case shall project more than six feet from the subject structure, or extend toward a public street or more restrictive zone more than 50 percent of the required setback.
c. Height of the existing building may not be further increased beyond the height limitation in the respective zone.
d. One hundred percent of parking requirement shall be provided. Preexisting paved stalls and aisles striped at 90 percent of current dimensional standards may be counted as required parking.
e. All parking including preexisting paved and striped stalls shall meet current landscaping requirements specified in the respective zone.
f. All required site-screening and fencing and refuse and recycling collection areas shall be provided. However, if the available width, due to the location of an existing building, fire lane, service lane, or paved parking, is less than the required width of the site-screening, the applicant shall provide a type of landscaping strip or buffer that is closest to the available width for the type of buffer or strip required in Chapter 21.08 LMC.
g. The proposal shall install landscaping per Chapter 21.08 LMC, and meet street frontage landscaping plans per Chapter 21.06 LMC if they apply.
h. All signs shall conform to the sign regulations of Chapter 21.16 LMC, except those allowed to remain pursuant to state law.
2. If the value of improvements to a nonconforming structure within 36 consecutive months where a nonconforming-to-conforming change of use is to occur is greater than 10 percent of the assessed or appraised value of the structure, whichever is greater, then such improvements shall be subject to the following provisions:
a. In nonresidential and multiple-family zones all improvements, existing structures, accessory buildings, signs, etc., shall conform to all development standards in the respective zone.
b. In single-family zones the principal building containing one dwelling unit may remain at present setbacks, but all improvements and accessory buildings shall conform to all development standards of the zone.
D. Repairs. The following repairs may be made to a structure occupied by a nonconforming use:
1. Repairs to insure safety to a dangerous building declared to be so by the building official providing such repairs do not exceed 50 percent of the assessed value or appraised value, whichever is greater, of the building. When the value of such repairs exceeds 50 percent of the assessed value or the appraised value, whichever is greater, of the building, then the repairs shall be subject to LMC 21.12.550(B).
2. Repairs to the building including, but not limited to placement of interior nonbearing partitions, replacement of windows, siding, doors, wiring, heating facilities, plumbing, and roofing providing the value of such repairs does not exceed 10 percent of the assessed value or appraised value, whichever is greater, of the building.
E. Change of Use. A nonconforming use may only be changed to a permitted use. A change of occupancy shall be deemed an illegal change to a prohibited use if the new use is substantially different than the previous, lawfully established nonconforming use. Such change shall be deemed substantial by application of goals, purposes, and standards of this title, including, but not limited to the following:
1. The parking capacity requirement as specified in Chapter 21.18 LMC is greater.
2. The equipment used on the site is substantially altered.
3. Products or services rendered on the site change substantially.
4. The new use first appears as a permitted use in a less restrictive zone.
5. The new use increases the number of dwelling units on the site.
F. Abandonment. A nonconforming use shall be deemed abandoned when the use of the subject structure and site is unoccupied for a continuous period of six months. Thereafter, the structure and/or site may be occupied only by conforming uses. (Ord. 3326 § 7, 2019; Ord. 2310 § 32, 2000; Ord. 2020 § 7, 1994; Ord. 1770 § 11, 1990; Ord. 1186 § 1, 1981)