A.

Scope. The regulations of this article govern nonconformities, which are lots, uses, and structures that were lawfully established but, because of the adoption of new or amended regulations, no longer comply with one or more requirements of this title.

B.

Intent. Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) have been made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map amendments or amendments to the text of this title). The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with "illegal" buildings and uses (those established in violation of applicable regulations). The regulations of this article are also intended to:

1.

Recognize the interests of landowners in continuing to use their property for uses that were lawfully established;

2.

Promote maintenance, reuse and rehabilitation of existing buildings; and

3.

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

C.

Authority to Continue. Any nonconformity that existed on the effective date specified in 17.05.020 or any lot, structure use or situation that becomes nonconforming upon adoption of any amendment to this UDO or any amendment of the zoning map subsequent to the effective date specified in 17.05.020 may be continued, subject to the regulations of this chapter.

D.

Determination of Nonconforming Status.

1.

The burden of proving that a nonconformity exists (as opposed to a violation of the UDO regulations) rests entirely with the subject owner.

2.

The director of building safety is authorized to determine whether reliable evidence of nonconforming status has been provided by the subject owner.

3.

Building permits, lawfully recorded plats, lawfully recorded instruments of conveyance, aerial photography owned by a governmental agency and other official government records that indicate lawful establishment of the use, lot or structure constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the director of building safety is authorized to consider whether other forms of evidence provided by the owner are reliable and adequate to document nonconforming status. Common examples of evidence that may be determined to be reliable and adequate include:

a.

Professional registrations or business licenses;

b.

Utility billing records;

c.

Rent records;

d.

Advertisements in dated publications;

e.

Listings in telephone or business directories; and

f.

Notarized affidavits affirming the date of lawful establishment of the use or structure.

4.

The director of building safety's determination of nonconforming status may be appealed in accordance with 17.65.150.

E.

Repairs and Maintenance.

1.

Repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless the work increases the extent of the nonconformity or is otherwise expressly prohibited by this UDO.

2.

If a nonconforming structure or a structure occupied by a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and a final order of vacation or demolition is entered by any duly authorized official by reason of physical condition, it may not thereafter be used, restored, or repaired, or rebuilt except in conformity with the provisions of the zoning district in which it is located.

3.

Nothing in this chapter is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized public official.

F.

Change of Tenancy or Ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership or management.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Description. A nonconforming lot is a lot that was lawfully created in accordance with lot area and lot width regulations in effect at the time of the lot's lawful creation but that does not comply with currently applicable lot area or lot width regulations.

B.

Use.

1.

R Districts. A nonconforming lot in an R district may be used as a building site for a single detached house without complying with the district's minimum lot area and lot width requirements.

2.

All Other Districts. In all other (non-R) zoning districts, a nonconforming lot may be used as a building site and developed with a use allowed in the subject zoning district without complying with the district's minimum lot area and lot width requirements. If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area and lot width regulations, while others would not, then only the uses or intensities that comply with applicable regulations are allowed.

C.

Lot and Building Regulations.

1.

Development on all nonconforming lots must comply with applicable lot and building regulations of the subject zoning district except as expressly stated in 17.75.020.B.

2.

Nonconforming lots may not be adjusted in size or shape to increase the extent of nonconformity for lot area, lot frontage, setbacks or other applicable lot and building regulations. Lot area or shape adjustments that decrease or maintain the extent of nonconformity are allowed.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Description. A nonconforming structure is a structure, other than a sign, that was lawfully established but that no longer complies with applicable zoning regulations because of the adoption or amendment of zoning regulations after the structure was established.

B.

Use. A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located, including a lawfully established nonconforming use.

C.

Movement. A nonconforming structure may be moved in whole or in part to another location on the same lot only if the movement or relocation does not create additional or new nonconformities. A nonconforming structure may be moved to another lot only if the structure would comply with the zoning regulations that apply to that (relocation) lot.

D.

Alterations, Enlargements and Expansions. Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable lot and building regulations and does not increase the extent of the nonconformity. A building with a nonconforming street setback, for example, may be expanded to the rear as long as the rear expansion complies with applicable rear setback regulations and all other applicable lot and building regulations. Horizontal and vertical extensions of an exterior wall that is nonconforming with regard to applicable setbacks may be approved in accordance with the conditional use procedures of 17.65.110.

E.

Restoration or Re-establishment of Damaged or Destroyed Structures.

1.

When a nonconforming structure is destroyed or damaged by acts of God or accidental fire, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within twelve months of the date of occurrence of such damage. Once a building permit is issued, if the building permit lapses or otherwise becomes void the structure may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

2.

When a nonconforming structure is demolished, damaged or destroyed by causes within the control of the owner and the cost of renovation, repair or replacement (based on the fair market value of all materials and services) is more than fifty percent of the cost of complete replacement of the structure, the structure may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Description. A nonconforming use is a use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is located. Lawfully established uses that do not comply with separation distance (spacing) requirements are also deemed to be nonconforming uses.

B.

Change of Use.

1.

A nonconforming use in a residential zoning district may be changed only to a use that is allowed in the subject zoning district. Once changed to a conforming use, the nonconforming use may not be re-established.

2.

A nonconforming use located in a zoning district other than a residential zoning district, may be changed to a use that is allowed in the subject zoning district, in which case the nonconforming use may not be re-established. A nonconforming use located in a zoning district other than a residential zoning district, may be changed to another nonconforming use only if approved in accordance with the conditional use procedures of 17.65.110. The change of a use to another use included within the same use category does not constitute a "change of use" within the meaning of this section. In order to approve a conditional use for a nonconforming use substitution, the decision-making body must find that the proposed use substitution will not result in any increase in adverse impacts on the surrounding area when compared to the previous nonconforming use of the property. In making such a determination, the planning and zoning commission must consider all of the following factors, as applicable:

a.

Traffic to and from the site;

b.

Hours of operation;

c.

Noise levels;

d.

Outdoor display, storage and work activities; and

e.

Other factors likely to have an effect on the surrounding area.

C.

Expansion of Use. A nonconforming use of a portion of a building may be expanded or extended into the remaining portions of the building if the director of building safety determines that the areas of the building in which the expansion is proposed were manifestly arranged and designed for the use. Nonconforming use may not be expanded or extended in any other way unless the expansion reduces or eliminates the nonconformity.

D.

Movement. A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation does not create additional or new nonconformities. A nonconforming use may be moved to another lot only if the use would comply with the zoning regulations that apply to that (relocation) lot.

E.

Loss of Nonconforming Status.

1.

Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning district in which it is located.

2.

A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of twelve months or more.

a.

Any period of discontinuance caused by acts of God or accidental fire is not counted in calculating the length of discontinuance.

b.

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the uses, activities and operations maintained on the lot are generally to be considered as a whole. For example, the failure to rent one unit in a nonconforming multi-unit residential building for an extended period does not result in a loss of the right to rent that apartment or space after six months, as long as the building as a whole is continuously maintained and used.

F.

Damage or Destruction.

1.

When a building containing a nonconforming use is destroyed or damaged by acts of God or accidental fire, the building may be restored or repaired and the nonconforming use may be re-established, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within twelve months of the date of occurrence of such damage.

2.

When a building containing a nonconforming use is demolished, damaged or destroyed by causes within the control of the owner and the extent of demolition, damage or destruction is more than fifty percent of the cost of complete replacement of the structure, the nonconforming use may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

G.

Accessory Uses. No use that is accessory to a principal nonconforming use may continue after the principal nonconforming use has been abandoned.

H.

Nonconforming Use of Unimproved Land. Nonconforming uses of unimproved land are land uses and activities that meet the definition of a nonconforming use but that include structures that are all accessory or incidental to the use and in the aggregate do not cover more than ten percent of the lot area devoted to the nonconforming use. Common examples include storage yards, construction debris sites, used vehicle sales lots, vehicle impound yards, auto wrecking, junkyards, and similar open-air uses. Nonconforming uses of unimproved land are subject to the nonconforming use regulations of this section, except as modified by the following specific regulations:

1.

No nonconforming use of unimproved land may be changed to another nonconforming use, nor enlarged, increased or moved to another portion of the lot, nor extended to occupy a greater area of land than was occupied at the time that the use became nonconforming.

2.

No additional structure (other than fences) may be erected in connection with a nonconforming use of unimproved land.

3.

If any nonconforming use of unimproved land ceases for any reason for a period of more than ninety days, (except when government action impedes access to or use of the premises) any subsequent use of such land must conform in all respects to the regulations of the zoning district in which it is located.

(Ord. No. 2122-2019, § 3, 6-20-19).