§ 30.76.020. General Standards of Applicability.

This Chapter applies to nonconformities created by the initial adoption of, or amendments to, this Title. It also applies to non-conformities under previously applicable ordinances, even if the type or extent of the nonconformity is different.

1.

The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be solely upon the property owner.

2.

Illegal uses existing at the time the ordinances codified in this Title were adopted shall remain illegal and not be validated by their adoption.

3.

To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any existing building for which a building permit for construction has been issued, providing the permit has not expired prior to the effective date of the ordinance which made the use or structure nonconforming.

4.

Incidental repairs and normal maintenance shall be permitted on any nonconforming structure containing a nonconforming use.

5.

If the condition of a property constitutes a nuisance, as determined by the Board in accordance with the procedure established in Chapter 11.06 Abatement of Public Nuisances, the Board shall have the authority to require an improvement to the property sufficient to mitigate the nuisance.

6.

Any nonconforming structure, or portion of a structure containing a nonconforming use, which is declared by any duly authorized official to be unsafe or unlawful by reason of physical conditions shall be repaired regardless of the nonconforming status.

7.

Whenever a permitted use replaces a nonconforming use, the nonconforming use may not be resumed thereafter.

8.

The adoption of an ordinance which revises restrictions so that an existing nonconforming use or structure is in compliance with this Title shall have the effect of making the use or structure conforming.

(Ord. 2482 § 18 (part), 2000; Ord. 2481 § 3 (part), 2000)