A.

This Chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or an amendment that changed the applicable requirements.

B.

It is the intent of this Zoning Code to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this Chapter.

C.

This Chapter does not regulate nonconforming signs, which are instead subject to the requirements of Section 106.38.080 (Nonconforming Signs).

A.

Nonconforming parcel. A parcel that was legally created prior to the adoption of this Zoning Code or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this Zoning Code.

B.

Nonconforming sign. A sign that lawfully existed prior to the effective date of this Zoning Code or amendment, but does not comply with the current sign regulations of this Zoning Code.

C.

Nonconforming structure. A structure that was legally constructed prior to the adoption or amendment of this Zoning Code, but does not comply with the current setback, height limit, off-street parking, and/or other applicable requirements of this Zoning Code.

D.

Nonconforming use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this Zoning Code or amendment, but does not conform to the current Zoning Code requirements for allowable land uses within the applicable zoning district.

A nonconforming land use and the use of a nonconforming structure may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this Section. See Section 106.70.040 (Residential Exemptions) for exceptions regarding certain residential uses and structures.

A.

Nonconforming use of land. A nonconforming use of land may be continued, provided that the use shall not be:

1.

Enlarged or extended to occupy a greater area of land or building floor area than it lawfully occupied before becoming nonconforming; or

2.

Intensified so that its hours of operation are extended, the number of on-site employees are increased, or the volume of traffic or noise levels generated by the use are increased.

A nonconforming use of land may be replaced with a nonconforming use that is determined by the Zoning Administrator to be less intensive.

B.

Nonconforming structure. A nonconforming structure may continue to be used as follows:

1.

Changes to, or expansion of a structure. A nonconforming structure may be enlarged or extended to occupy a greater area of land or building floor area than it occupied before the effective date of the regulation that made it nonconforming, provided that any expansion or addition complies with all applicable requirements of this Zoning Code.

2.

Nonconforming parking. See Section 106.36.040.E (Nonconforming Parking).

3.

Maintenance and repair. A nonconforming single-family dwelling or duplex may be maintained and repaired at the discretion of the owner. A multi-family or nonresidential structure may be maintained and repaired, provided that:

a.

No structural alterations occur other than those allowed by Subsection B.4 below; and

b.

The cost of the work done during any 12-month period does not exceed 25 percent of the value of the structure as determined by the Building Official in compliance with the Building Code.

Additional or more extensive changes to a nonconforming multi-family or nonresidential structure may be authorized through Minor Use Permit approval, provided that the review authority first finds that the additional work will not prolong the duration of the nonconforming structure.

4.

Seismic retrofitting, Building and Fire Code compliance. Repairs, alterations or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code and Fire Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards, and the Building Code and Fire Code.

C.

Nonconforming keeping of animals. The keeping of animals that was lawfully initiated, but because of later amendments to this Zoning Code does not comply with the maximum number or type of animals now allowed, may continue, provided that:

1.

No increase occurs in the number or type of animals existing as of the date they became nonconforming (unweaned offspring may remain on the site only until weaned); and

2.

Once the nonconforming animal keeping has ceased on the site for 90 days or longer for any reason, any animal keeping thereafter shall comply with all applicable requirements of this Zoning Code.

A.

Dwellings, generally. An involuntarily damaged or destroyed single- or multi-family dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current Building and Fire Code requirements.

B.

Single family dwellings in commercial zones. A single family dwelling that is a nonconforming use in a commercial zoning district may be expanded to the extent to which the expanded area complies with all applicable standards of the applicable zoning district.

C.

Residential fences. A nonconforming fence within a residential zoning district may be maintained and replaced in the same form as it existed on the effective date of the regulation that made it nonconforming.

The nonconforming status of a land use and/or structure shall terminate in compliance with this Section.

A.

Termination by discontinuance.

1.

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of 12 months or more, all rights to legal nonconforming status shall terminate.

2.

The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation.

3.

Any further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

B.

Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by Section 106.70.040 (Residential Exemptions) for dwellings, and except as follows:

1.

If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within one year of the date of damage and is diligently pursued to completion.

2.

Minor Use Permit approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than 50 percent of the assessed value of the structure immediately before damage. Minor Use Permit approval shall require a finding, in addition to those contained in 106.62.050.F (Findings and Decision), that the benefit to the public health, safety or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity.

A.

Legal building site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this Zoning Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant.

1.

Approved subdivision. The parcel was created by a recorded subdivision;

2.

Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;

3.

Variance or lot line adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment; or

4.

Partial government acquisition. The parcel was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.

B.

Subdivision of a nonconforming parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.

A.

Conformity of uses requiring land use permits. A use lawfully existing without the approval of a Use Permit or Minor Use Permit that would be required by this Zoning Code, shall be deemed conforming only to the extent that it previously existed (e.g., as it maintains the same site area boundaries, hours of operation, etc.).

B.

Previous land use permits in effect. A use that was authorized by a planning permit but is not allowed by this Zoning Code in its current location may continue, but only in compliance with the original planning permit.