18.05.070 Nonconformities.
(a) When a use, structure or lot legally exists as a lawful use, structure or lot prior to the adoption or amendment of this chapter and Chapters 18.25 and 18.30 CCO, it shall be permitted to continue within the limits set forth in this chapter and Chapters 18.25 and 18.30 CCO. Under such circumstances, it is said to have nonconforming status. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation. There are three types of nonconformities:
(1) Nonconforming Uses. A nonconforming use is a use which is prohibited under this chapter and Chapters 18.25 and 18.30 CCO, but which was granted conditional use approval or was lawfully established prior to the effective date of this chapter and Chapters 18.25 and 18.30 CCO or any subsequent amendments.
(2) Nonconforming Structures. A nonconforming structure is one which was lawful at the time of construction but which does not presently conform to chapter provisions and standards for the district in which it is located.
(3) Nonconforming Lots. Nonconforming lots are those in existence on the effective date of this title or any subsequent revisions, which do not meet applicable minimum lot size or other dimensional requirements.
(b) Nonconforming uses or structures may be continued but may not be altered, extended or expanded without approval of the Zoning Administrator. A nonconforming structure may be altered only when such alteration is in compliance with all applicable standards of this chapter and Chapters 18.25 and 18.30 CCO or the Zoning Administrator has issued a determination that compliance is waived due to physical limitations of the site or hardship that would be imposed on the owner of the real property.
(c) Nothing contained in this chapter and Chapters 18.25 and 18.30 CCO shall require any change in the plans, construction, alteration, or designated use of a structure for which construction has been approved prior to the adoption of this chapter and Chapters 18.25 and 18.30 CCO, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the effective date of this chapter and Chapters 18.25 and 18.30 CCO.
(d) Where a nonconforming structure or a structure containing a nonconforming use is partially or wholly destroyed or damaged by any cause, the owner of the real property may request a variance under the process set forth in CCO 18.30.030 on the grounds that physical limitations of the site or hardship prevent compliance with this chapter and Chapters 18.25 and 18.30 CCO. The owner of the real property has the burden of demonstrating the existence of physical limitations of the site or hardship that should allow the nonconformity to continue. The owner of the real property shall also provide evidence of how the use or structure complies with any of the provisions of this chapter and Chapters 18.25 and 18.30 CCO. [Code 1979 § 15.01.070.]