Within the zones established by this title, there exist uses, structures, and lots which were lawful before this title was adopted or amended, but which would now be prohibited under the terms of this title or its future amendments. It is the intent of this title to permit these nonconforming uses to continue until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this title, provided such permit is diligently carried to completion.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

This chapter applies to uses, structures, and lots that were lawful when they were commenced, constructed, or created, but that do not comply with one or more applicable provisions of this title. This chapter does not apply to nonconforming signs, which are instead subject to the requirements of Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

A use shall be deemed nonconforming if it was lawfully commenced prior to the adoption or amendment of this title, but which now does not conform to the use regulations of this title applicable to uses.

B.

A use shall be deemed nonconforming if it was lawfully commenced while under the jurisdiction of the county, but which, after annexation of the site into the city, does not conform to the use regulations of this title.

C.

No use shall be deemed nonconforming if it was lawfully commenced and the only provision of this title not being met is the provision of the minimum amount of on-site parking or loading area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

A structure shall be deemed nonconforming if it was lawfully erected prior to the adoption or amendment of this title, but which now does not meet all of the provisions, standards, and requirements of this title applicable to structures.

B.

Except as provided in this chapter, no nonconforming structure shall be moved, altered, or enlarged so as to increase the amount of floor space or increase the difference between actual conditions and required standards regulating coverage, front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the applicable regulations of this title, unless required by law or unless the moving, alteration or enlargement will result in the compliance of the structure with this title.

C.

No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

D.

Routine maintenance and repairs may be performed on a nonconforming structure.

E.

No new structure will be allowed if it will contribute to a nonconforming use, except in accordance with Section 18.90.070.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

A lot shall be deemed nonconforming if it was legally created in accordance with the state Subdivision Map Act prior to the adoption or amendment of this title, but which, does not meet all the provisions, standards, and requirements of this title applicable to lots.

B.

A nonconforming lot shall not be subdivided, nor its lot lines adjusted, unless the subdivision or lot line adjustment brings the lot into conformance with the provisions, standards, and requirements of this title applicable to lots or reduces the difference between actual conditions and required standards while not creating a new nonconforming use or structure.

C.

A nonconforming lot may be used for any use allowed in the zone district in which it is located.

D.

A structure conforming to the provisions of this title may be constructed on a nonconforming lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone district in which it is located.

B.

An agricultural crop production use that is nonconforming due to annexation, adoption, or amendment to this title, shall be allowed to continue, provided that the intensity of the agricultural crop production use shall not increase. If the intensity of a nonconforming agricultural crop production use is decreased, the use shall not be increased at a later time.

C.

An animal raising use that is nonconforming due to annexation or adoption or amendment to this title shall be allowed to continue, provided that the intensity of the animal raising use (i.e. type and number of animals) shall not change or increase. The provisions for abandonment or discontinuance shall not apply.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

A.

A nonconforming use may be expanded by up to ten percent of its existing floor area if a conditional use permit is granted, in accordance with Chapter 18.80. The expansion of a nonconforming use or structure may be allowed only one time per use.

B.

A nonconforming use that has been abandoned or discontinued for a period of more than six months, but less than eighteen months, may be reestablished if a conditional use permit is granted, in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Whenever a nonconforming structure or a structure used for a nonconforming use is destroyed by fire or other calamity to the extent of fifty percent or more of its structural mass, or has been voluntarily razed, or is required by law to be razed, the structure may not be restored, except in full compliance with the requirements of this title for the zoning district in which it is located, and the nonconforming use shall not be resumed.

B.

If destruction of the nonconforming structure is to an extent less than fifty percent of the structural mass, the structure may be rebuilt and reused in its nonconforming status. The percentage of structural mass destroyed shall be determined by the building official.

C.

Within one year from destruction, the following may be reconstructed upon the approval of a conditional use permit, in accordance with Chapter 18.80:

1.

A nonconforming single-family or multi-family residential structure or use when located in a residential zone district.

2.

A nonconforming commercial structure or use when located in a commercial or industrial zone district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Upon receipt of a violation, the following shall be removed with thirty days, unless an alternative deadline is specified in the violation notice:

B.

A nonconforming use that does not occupy a structure or is using a structure having an assessed valuation of less than one thousand dollars shall be discontinued and completely removed or converted to a conforming status.

C.

Existing fences, walls and hedges that do not conform to the provisions of this title governing the placement of fences, walls and hedges in relation to street intersections or encroachment into the public right-of-way, shall be removed or modified to conform to the provisions of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

If the area of the lot is reduced by eminent domain, the provisions for nonconforming lots and structures shall apply, but the provisions for nonconforming uses shall not apply.

B.

If a required yard or setback area is reduced or eliminated by eminent domain, any affected building or structure shall be deemed nonconforming; provided, however, such building or structure may be structurally altered so long as such alterations comply with all the other requirements of the zoning district.

C.

If any required parking space on a lot is reduced or eliminated by eminent domain, the use shall not be deemed nonconforming solely because of lack of required parking spaces.

A.

A nonconforming use may be changed to another nonconforming use upon approval of a conditional use permit, in accordance with Chapter 18.80.

B.

A conditional use permit to change from one nonconforming use to another nonconforming use may only be granted if all the following findings are made by the approving authority:

1.

The proposed use will not alter the character of the zone district in which it is proposed to be located to any greater extent than the existing or preexisting nonconforming use;

2.

The proposed use will not create more vehicular traffic than the volume created by the existing or preexisting nonconforming use;

3.

The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable matter than the amount created by the existing or preexisting nonconforming use; and

4.

The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)