A.

Purpose and Intent. Within the zones established by this chapter or amendments that may later be adopted there may exist:

1.

Lots;

2.

Structures;

3.

Uses of land and structures; and

4.

Characteristics of use, which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is the further intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the zones involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination, shall not be extended or enlarged after passage of the Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

B.

Buildings Under Construction. 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 on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

C.

Nonconforming Lots of Record. In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of Ordinance No. 71 (October 7, 1953), notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the planning commission.

D.

Nonconforming Uses of Land (or Land with Minor Structures Only). Where, at the time of passage of this chapter, lawful use of the land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful, provided:

1.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;

2.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter;

3.

If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located;

4.

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

E.

Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reasons of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portions thereof may be altered to decrease its nonconformity.

2.

Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

3.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is removed.

F.

Nonconforming Uses of Structures or of Structures and Premises in Combination. If lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zone under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use permitted in the zone in which it is located.

2.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

3.

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may. under conditional use permit, be changed to another nonconforming use provided that the planning commission either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accord with the provisions of this chapter.

4.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone and the nonconforming use may not thereafter be resumed.

5.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, or for eighteen (18) months during any three-year period (except when government action impedes access to the premises), the structure or structure and premises in combination, shall not thereafter be used except in conformity with . the regulations of the zone in which it is located.

6.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of replacement cost at the time of destruction.

G.

Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zone in which it is located. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

H.

Uses Under Conditional Use Permit, Provision not Nonconforming Uses. Any use which is permitted as a conditional use in a zone under the terms of this chapter (other than a change through planning commission action from a nonconforming use to another use not generally permitted in the zone) shall not be deemed a nonconforming use in such zone, but shall without further action be considered a conforming use.

(Prior code § 070.05)

A.

Intent and Purpose.

1.

To provide for the regulation of nonconforming uses and nonconforming development standards or performance standards.

2.

To specify the circumstances and conditions under which nonconformities may continue to exist.

3.

To limit the number and extent of nonconformities by prohibiting or limiting their enlargement or extension; their reestablishment after abandonment; and their alteration or restoration after partial destruction.

4.

To discourage the survival of nonconformities where they adversely affect the intent and purpose of this chapter and the general plan or the maintenance, development, use, enjoyment or economic values of other property in the vicinity.

5.

To set time limits on the continuance of nonconformities based upon the nature of the use, the character, age and value of the development, and the degree of friction or objectionableness.

B.

Definitions.

1.

Nonconformities. Nonconformities shall consist of three major classifications either singly or in combination:

a.

Nonconforming uses,

b.

Nonconforming development standards, and

c.

Nonconforming performance standards.

2.

Nonconforming Use. The use of land or structures, which use was previously lawful but which no longer complies with the applicable district regulations where the use or structure is located, either as of the effective date of this chapter or as a result of subsequent applicable amendments.

3.

Nonconforming Use of Land. A type of nonconforming use where no structures or only minor structures are on the land.

4.

Nonconforming Development Standards and Performance Standards. Land, activities and structures are subject to numerous standards, most of which are defined in physical terms and subject to measurement. A nonconforming standard of use occurs when a use or structure which was previously lawful no longer complies with certain standards, either as of the effective date of the ordinance codified in this chapter, or as a result of subsequent applicable amendments.

The applicable standards are:

Development standards

a.

Project area, minimum;

b.

Project width, minimum;

c.

Project building coverage, maximum;

d.

Lot area, minimum;

e.

Lot area per dwelling unit, minimum;

f.

Lot width, minimum;

g.

Lot coverage, maximum;

h.

Location of structures;

i.

Separation between buildings, minimum;

j.

Setback, minimum;

k.

Front yard, minimum;

l.

Side yard (s), minimum;

m.

Rear yard, minimum;

n.

Height limits, maximum;

o.

Gross floor area, maximum;

p.

Open space;

q.

Passageway;

r.

Enclosures or screening;

s.

Parking and loading requirements; and

t.

Sign regulations.

Industrial performances standards, minimum.

5.

Nonconforming Lot. A specific type of nonconformity where the lot does not conform with the district regulations with respect to lot area or lot width or both.

(Prior code § 080.70)

A.

Calculation of Time Periods. Unless otherwise excepted, all time periods affecting nonconformities shall begin on the effective date of the ordinance codified in this chapter, or subsequent amendments thereto, or changes in the zoning map, whichever is the cause of such nonconformity. Exceptions to the time period calculation are those periods affecting types of nonconformities which are slated for termination by age and type of structure rather than by the date of this chapter.

B.

Contamination. Nonconformities may be continuously maintained provided there is no alteration or addition to any structure, nor any enlargement of area, space or volume occupied by such nonconformity, except as otherwise provided in this chapter.

C.

Maintenance. Ordinary repairs and maintenance may be made to a nonconformity, subject to the following provisions:

1.

Maintenance shall not include structural alterations except those required by law, or except those to make the structure and use conform to the standards and use regulations of the district in which it is located.

2.

In any period of twelve (12) consecutive months, work may be done on any structure which is subject to nonconformity regulations, on ordinary repairs, or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding the latest assessed valuation of the structure. In no case, however, shall the cubic content of the structure as it existed when it became subject to nonconformity be increased.

3.

Nothing contained in these provisions shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or part thereof declared to be unsafe by any officer of the city charged with protecting the public safety, upon order of such officer.

D.

Enlargement, Extension or Relocation. A nonconformity shall not be enlarged in volume or extended or relocated beyond the area it occupies unless its enlargement or extension are all made to conform to the regulations of the district in which it is located or unless specifically excepted, and subject to the following provisions:

1.

Any exceptions to enlargement, extension or relocation shall not be construed to extend the termination date, if any, of the subject nonconformity;

2.

Where parking and loading requirements are the cause for nonconformity, the structure or use subject to nonconformity may not be enlarged or altered to create additional dwelling units, guest rooms, seating capacity or floor area, unless additional parking and loading requirements are supplied and maintained to meet the requirements of the enlargement or expansion, subject to Section 17.54.010.

E.

Change of Use. A nonconforming use shall not be changed to another use except to a use permitted in the district in which the use is located, or to another nonconforming use of the same nature, or to a more restricted nonconforming use; provided that the planning commission either by general rule or by written findings in a specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconformity. Such changes may be subject to conditions imposed by the commission through Section 17.72.010. A change to another nonconforming use shall riot be construed to extend the termination date, if any, of the original nonconformity.

F.

Nonconforming Lot.

1.

In the R-S or R-M zones a single-family dwelling and customary accessory structures may be erected on any lot which is only nonconforming with respect to lot area and lot width standards.

2.

In the R-M zones, where the nonconformity is only by lot area or lot width, in no case shall more than one dwelling unit be permitted on a lot with an area of less than six thousand (6,000) square feet, nor more than two dwelling units on a lot greater than six thousand (6,000) square feet, but less than seven thousand five hundred (7,500) square feet.

G.

Nonconformities Connected With Public Acquisitions.

1.

Where a structure is located upon a lot, a portion of which is acquired for any public use (by condemnation, purchase, dedication, or otherwise) by any governmental entity, such structure may be maintained upon the remaining portion of said lot, and may thereafter be used, maintained or repaired without relocating or altering the same to comply with the development standards of this chapter. Further, if such structure is partially located upon the site being acquired for public use, it may be relocated upon the same lot or premises without observing the required yard space adjacent to the new lot line created by such acquisition, and without reducing the number of dwelling units to conform to the development standards of the district in which it is located. If only a portion of an existing structure, is acquired for public use, the repair, remodeling or reconstruction of the remainder of such structure which was made necessary by such acquisition, shall conform to the provisions of the building code. Any portion of the structure which is not required to be repaired, remodeled or reconstructed by reason of said acquisition, shall not be required to be made to conform to the provisions of the building code, unless it would otherwise be required to conform thereto independently of, and in the absence of said acquisition of only a portion of the structure.

2.

If a lot does not comply with the development standards of the district due to an acquisition of a portion thereof for public use, or if a legally existing nonconforming lot is reduced in size due to an acquisition of a portion thereof for public use, the remainder of said lot not acquired for public use, so long as said remainder is not smaller in area or width than one-half of the minimum area or width required for the zone in which it is situated, may be utilized for the purposes in the same manner as though it lawfully exist. ed at the time the regulations with which it does not conform became effective; provided that this paragraph shall not affect any structure previously and legally existing on said remainder.

H.

Structures Under Construction. Any structure under construction, for which a valid building permit has been issued prior to the date of this chapter, may be completed and used in accordance with the provisions of this chapter or any amendment thereto, provided:

1.

That construction or proposed use of such structure is not at said operative date in violation of any other ordinance or law;

2.

That such structure is completed within one year from said operative date;

3.

That such structure is completed in accordance with the plans and specifications on which such building permit was issued.

I.

Treatment of Nonconformities Caused by Prior Ordinances. (Note: To avoid granting longer life to existing nonconformities, many of which are due to expire, the city attorney should assist in drafting the provision dealing specifically with these.)

J.

Restoration of Damaged Nonconformities.

1.

A nonconformity which is damaged or partially destroyed by fire, explosion or natural disaster to the extent of not more than twice the latest assessed valuation prior to the damage, may be restored and the occupancy or use of such structure or part thereof, existing at the time of such partial destruction, may be continued or resumed, provided the following special requirements:

a.

Such restoration is of equal or lesser degree of nonconformity;

b.

The total cost of such restoration does not exceed twice the assessed valuation of the structure at the time of such damage;

c.

Such restoration is started within a period of one year and is diligently prosecuted to completion.

2.

In the event such damage or destruction exceeds twice the assessed valuation of such nonconforming structure, it shall not be reconstructed except in conformity with all use and area regulations for new structures in the zone in which it is located.

3.

The zoning administrator, in cooperation with the fire department (where appropriate), shall establish the proper application of these provisions.

(Prior code § 080.72)

A.

Termination by Violation of Chapter. Any of the following violations of this chapter shall immediately terminate the right to operate a nonconformity:

1.

Changing a nonconforming use to a use not permitted in the district.

2.

Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use.

B.

Termination by Discontinuance. Discontinuance of a nonconforming use as follows shall immediately terminate the right to operate such nonconforming use:

1.

By changing a nonconforming use to a conforming use.

2.

By discontinuance of a nonconforming use for a consecutive period or for an intermittent period over a longer time span (thirty (30) days).

C.

Termination by Law. See Section 17.56.010.

D.

Certificate of Nonconformity.

1.

Within one year of the effective date of the ordinance codified in this chapter and subject to extensions as authorized by the planning commission, the building department shall issue a. "certificate of nonconformity" to all known owners of uses or structures subject to the nonconformity provisions.

2.

Nonconformities created by subsequent amendments to this chapter shall also receive such certificates and be subject to similar procedures. No use of land or structures shall be made other than that specified on the certificate of nonconformity unless such use shall be in conformance with the district regulations in which the property is located.

3.

A copy of each certificate of nonconformity shall be filed in the building department.

4.

The certificate of nonconformity shall contain the legal description of the property, the street address and a description of the nonconformity and expiration date, if any, plus any other information as found necessary.

5.

Uses or structures subject to nonconformity and not issued a certificate of nonconformity, but later discovered to be a nonconformity shall be issued a certificate without prejudice except that time limits, if any, will still be calculated from the effective date of this chapter or applicable subsequent amendment, or if a prior nonconformity, from the date established by prior regulations.

E.

Revocation of Nonconformity:

1.

A certificate of nonconformity may be revoked by the planning commission following a public meeting and subsequent notice of revocation, plus written findings for revocation.

2.

An appeal from the commission's decision may be taken to the council, whose decision is final.

(Prior code § 080.72)