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<br />Can nonconforming rights be lost? <br />Yes, state statute provides that the right to continue a legal nonconformity can be lost if the use is <br />discontinued or destroyed. <br /> <br />How can rights be lost through discontinuance? <br />. There is, an exception to continuance rights when a nonconforming use is discontinued for more <br />than one ye~r. Under case law, a one-year period of discontinuance creates a presumption of <br />abandonment. A landowner can then. rebut the presumption by presenting evidence of intent to <br />continue the use, or thatthe discontinuance was beyond his orher control. <br /> <br />How can rights be lost through destruction? <br />There is an exception to continuance rights when a nonconforming structure is destroyed by more <br />than 50% of its assessed market value, and no building permit is applied for within 180 days'. This <br />exception is known as the 50% rule and used to have greater impact before the 2004 legislature <br />~rovided that applying for a building permit within 180 days of destruction defeats the exception. <br /> <br />Om legal nonconformities be phased-out? <br />Historically, the theory behind legalnonconformities was that the property would eventually. <br />comply with the zoning ordinance. The statutory right to continue was more limited, and cities <br />could phase out nonconfonnities over time through a process called.,amortization. Current law <br />prohibits amortization, except for adult uses. <br /> <br />What is a city's role in administering nonconformities? . <br />The rights of legal nonconfonnities to continue does not depend on local ordinance, and so a city <br />often ha~ Uttle role administering nonconformities. A landownetmay assert their continuance <br />rights in response to city enforcement of a zoning ordinance. The burden in on the landowner to <br />establish their property qualifies for nonconforming rights. <br /> <br />What should a zouiug ordiuauce provide for non conformities? <br />Some cities choose to address nonconformitles in their zoning ordinance either by merely <br />codifying the statutory rights, or sometimes by setting up systems to register legal <br />nonconformities. If a zoning ordinance covers non conformities, cities should carefully review the <br />ordinance provisions and make sure they are consistent with the current state statute. <br /> <br />When can a nonconforming use be expanded? <br />The statutory right of legalnortconformities to continue specifically provides that the right does <br />not include expansion ofthe use. Because the state statute does not define expansion, some cities <br />choose to define. expansion in the city zoning ordinance. The definition could refer to any physical <br />expansion of the nonconforming use, or even intensifying the use. <br /> <br />What about violations of other city ordinances? <br />Despite their right to continue without complying with the current zoning ordinance, it is important <br />to keep in mind that all legal nonconformities must generally comply with all other city <br />ordinances, such as a nuisance ordinance or a licensing ordinance. <br /> <br />2 <br /> <br />43 <br />