The purpose of this chapter is to:

A.

Allow for the continuation of legal nonconforming uses and the continued occupation of legal nonconforming structures.

B.

Ensure that nonconforming uses and structures do not adversely impact neighboring properties.

C.

Provide for a process to allow for the minor expansion of nonconforming uses and structures.

D.

Allow for repairs and maintenance of nonconforming structures.

(Ord. 2010-05, § 1(exh. A), 2010.)

This chapter applies to any use, structure or parcel legally existing at the time of adoption of this title. The three types of nonconformities are defined in Table 20.20-1 (Types of Nonconformities).

TABLE 20.20-1 TYPES OF NONCONFORMITIES

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Change in ownership, tenancy or management. A change in ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status provided that the intensity of use does not change.

B.

Discontinuation of use. A legal nonconforming use discontinued for a period of one hundred eighty or more consecutive days may not be reinstated and shall lose its legal nonconforming status.

C.

New development. The establishment of a new structure greater than five hundred square feet on any property occupied by a legal nonconforming use shall require that all uses on the property conform to the provisions of this title.

D.

Resuming a nonconforming use. If a legal nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

E.

Replacement of a nonconforming use. A nonconforming use may not be replaced by another nonconforming use.

F.

Expansion of use. The enlargement, extension, modification or structural alternation of a structure or site occupied by a nonconforming use shall require administrative approval by the director as provided in Chapter 20.23 of this Code. Approval shall require the director to make the findings in section 20.20.060 (Findings) of this chapter.

(Ord. 2010-05, § 1(exh. A), 2010.)

Notwithstanding Section 20.20.030, the following rules shall apply to nonconforming animal keeping uses on properties annexed into the city after January 1, 2023.

A.

Right of continued use. An animal keeping use legally established under county laws and existing on the property at the time of annexation that exceeds the number of animals or deviates from the kinds of animals allowed in the underlying zoning district may continue to exist except as provided in subsection (E).

B.

Discontinuation does not result in loss of use. An animal keeping use described in subsection (A) may be reestablished after discontinuation regardless of the duration of the discontinuation.

C.

Limits on number and kinds of animals. The number and kinds of animals existing on a property subject to this section shall be limited to the number and kinds of animals that existed on the property at the time of annexation, unless additional animals are permitted in the underlying zoning district.

D.

Change in ownership, tenancy, or management. The provisions of this section shall continue to apply regardless of a change in ownership, tenancy, or management of the property on which the animal keeping use is located.

E.

Conformance with city code upon development of property. Animal keeping uses on properties subject to this section shall be brought into conformity with Section 20.21.030 (Animal Keeping) as a condition of the development of the property in accordance with the city zoning district in which the property is located.

F.

No legal status for violations of county laws. This section does not grant legal status to any animal keeping use existing at the time of annexation that was not legally established under county laws. An existing animal keeping use that was illegal under county laws at the time of annexation shall be immediately brought into conformity with the city's animal keeping regulations upon annexation.

(Ord. No. 2023-005, § 2, 2023.)

A.

Voluntary damage or destruction. A legal nonconforming structure that has been voluntarily demolished cannot be reconstructed unless it is brought into full compliance with this Code.

B.

Involuntary damage or destruction. A legal nonconforming structure that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake or other calamity may be reconstructed up to the original size, placement and density, provided that the total cost of reconstruction does not exceed more than fifty percent of the value of the structure prior to such damage occurring. In the event that the cost of repairing such damage exceeds fifty percent of the value of the structure prior to such damage occurring, no repair or reconstruction shall be made unless the structure is made to conform to all provisions of this title.

C.

Involuntary damage of multiple-family housing. A multiple-family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be reconstructed up to the original size, placement and density, except that a multiple-family dwelling or development which has been abandoned for a period of one hundred eighty or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple-family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to conform to all provisions of this title.

D.

Expansions and additions. The enlargement, expansion or addition to a nonconforming structure shall require administrative approval by the director as provided in Chapter 20.23 of this title. Approval shall require the director to make the findings in section 20.20.060 (Findings) of this chapter.

E.

Repairs and alterations.

1.

Nonconforming residential structures may be repaired and renovated provided that the structure is not enlarged or expanded and the nonconformity is not increased or exacerbated. Approval shall require the director to make the findings in section 20.20.060 (Findings) of this chapter.

2.

Nonconforming structures occupied by nonresidential uses may be repaired and renovated provided that no structural alterations are made which prolong the life of supporting members of a structure, such as bearing walls, columns, beams or girders, except as follows:

a.

Structural elements may be modified if such modification or repair is immediately necessary to protect the public health and safety, occupants of the structure, or adjacent property, as determined by the building official.

b.

Improvements required to reinforce unreinforced masonry structures shall be permitted without limitations, provided that such retrofitting is strictly limited to compliance with current earthquake safety standards.

F.

Interior modifications. Changes to interior partitions or other nonstructural improvements and repairs may be made to legal nonconforming nonresidential structures provided that, over any consecutive five-year period, the total cost of the desired improvements or repairs does not exceed fifty percent of the replacement cost of the structure as determined by the director.

G.

Cessation of use. If the use of a nonconforming structure is discontinued for a period of one hundred eighty or more consecutive days, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this title. The use of a legal nonconforming structure shall be considered discontinued if the director determines that any of the following apply:

1.

The intent of the owner to discontinue use of the nonconforming structure is apparent.

2.

Characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use has been discontinued for a period of one hundred eighty or more consecutive days; or

3.

For commercial or industrial uses, there are no business receipts available for a period of one hundred eighty or more consecutive days.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

All legal nonconforming lots shall be permitted all development rights and uses of the zoning district in which it is located.

B.

Development on a legal nonconforming lot shall comply with all setback, building coverage and other applicable standards of the zoning district.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

The director may approve the expansion of a nonconforming use or structure if the following findings can be made:

1.

The use or structure has not resulted in a notable negative impact or nuisance to surrounding properties.

2.

The expansion will not adversely affect or be materially detrimental to surrounding properties.

3.

The use or structure is compatible with the general character of the surrounding neighborhood or district.

4.

The use or structure has not been discontinued or vacated for a period of one hundred eighty or more consecutive days.

5.

The expansion does not increase the site area or floor area of the structure occupied by the nonconforming use or a nonconforming structure by more than fifteen percent.

6.

The expansion does not result in an increase in residential density.

(Ord. 2010-05, § 1(exh. A), 2010.)

Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming uses and structures. Such uses shall be immediately discontinued, and structures shall be immediately removed subject to the provisions of Chapter 20.23 of this Code and applicable state law.

(Ord. 2010-05, § 1(exh. A), 2010.)