1. Purpose. Adoption of land use controls and changes in zoning have created nonconforming uses, buildings and lots. The purpose of this chapter is to allow these nonconforming uses, buildings and lots to be changed and upgraded without necessarily requiring their elimination, if the change would not substantially adversely affect the traffic, parking and environment of the surrounding area and if the change would reduce the degree of nonconformity of the use or improve the physical appearance of the structure or site.
2. Scope. The term “nonconforming” is commonly defined to mean a use of land, building or lot that lawfully existed prior to the enactment of a zoning ordinance and that is maintained after the effective date of such ordinance, even though it does not comply with the use restrictions applicable to the area in which it is situated.
   
   The following three categories are included within the broad term of “nonconformities”:
   1. “Nonconforming uses” means a building, structure or use of land that is in existence and lawful on the date when a zoning ordinance or amendment becomes effective prohibiting such use, but which, nevertheless, may continue unaffected by such an ordinance or amendment thereto.
   2. “Nonconforming structure or building” means a lawfully existing structure which becomes nonconforming because of an ordinance enacted subsequent to its erection. The nonconformance may be attributed to size, nature of construction, location of the structure or building on the land or its proximity to another building or structure.
   3. “Nonconforming lot of record” means any validly recorded lot which at the time it was recorded fully complied with all applicable laws and ordinances but which does not fully comply with the lot requirements of this chapter.

(Ord. 831 § 5.1, 1992)

1. A nonconforming use in existence on the effective date of the ordinance which first made it nonconforming, and has been discontinued for at least one year, may not be resumed or replaced by another nonconforming use as allowed under Section 17.56.030, unless the approving agency grants an extension of the time in the following cases:
   1. If an extension of time is requested in writing prior to the expiration of the one-year period and the approving agency finds that an undue hardship would result if such extension were not granted; or
   2. If the extension is requested to allow restoration of a nonconforming use in a landmark structure.
2. Nonconforming buildings, buildings that contain nonconforming uses or buildings on a nonconforming lot may be restored to a safe condition if the building has been declared unsafe under the building code or other applicable safety or health codes.
3. Any nonconformity that has been damaged by fire, flood, wind, or other calamity or act of God may be restored to its original condition, provided that such work is started within twelve (12) months of such event and completed within twenty-four (24) months of the date on which the restoration commenced.

(Ord. 831 § 5.2, 1992)

1. Application. Any person with an ownership interest in land upon which a nonconforming use or building exists or which is a nonconforming lot or parcel and who wishes to expand or change such nonconformity shall file an application meeting the requirements of this title, for nonconforming review with the city planning department. The application for nonconforming review shall also include, without limitation, plans and elevations of the existing building or buildings and any new additions or renovations proposed.
2. Review and Recommendation. The city will either grant or deny the application or refer the request for review of a nonconforming lot or building modification to the board of adjustment and a request for a change of use to the planning and zoning commission. If a determination by the planning and zoning commission or the board of adjustment is required by this title, the city planning department will refer the review to that board for decision.
3. Appeal. An applicant or any abutting landowner of the subject property may appeal a decision of the city planning department to the board of adjustment for an application involving a nonconforming lot or building modification, or to the planning and zoning commission for an application involving a change in use.
4. Conditions of Approval. The approving agency may impose conditions upon an applicant in order to meet the purposes of this chapter, reduce nonconformity and improve site design.

(Ord. 851 (part), 1993 Ord. 831 § 5.3, 1992)

1. To constitute a nonconforming use, the use must be actual and not merely contemplated. Thus, a nonconforming use will not be established solely because:
   1. The landowner intends to make the use in question;
   2. The land is potentially available for such uses;
   3. An application for a permit was filed;
   4. There has been preliminary planning; or
   5. A building permit has been obtained, but construction has not commenced within the term of the permit.
2. The burden of establishing that any nonconformity is a legal nonconformity as defined by this chapter shall, in all cases, be upon the owner of such nonconformity and not upon the municipality. In order to prove the existence of a nonconforming use, evidence must be presented demonstrating: (1) the use was a lawful use prior to the adoption of a zoning regulation or amendment to the regulation. This generally may be accomplished through the introduction of authenticated versions of the zoning ordinance text to show the law as it existed on the date prior to the regulation making the use (or building) nonconforming; (2) the use existed prior to the enactment of the restrictive ordinance. This may be accomplished through testimony of neighboring property owners, and tax, licensing or utility records; (3) The use has continued without abandonment or cessation for the statutorily prescribed period, and there has been no change or extension of the use. Proof of abandonment of a nonconforming use requires showing an intent to abandon and a voluntary clear action or failure to act, implying that the owner neither claims nor retains any interest in the use. Temporary cessation of use does not constitute abandonment. Similarly, an involuntary cessation of a nonconforming use does not constitute abandonment.
3. Except as otherwise provided in this chapter, any nonconforming lot or structure lawfully existing on the effective date of the ordinance codified in this chapter or subsequent amendment thereto, may be continued so long as it remains otherwise lawful. All nonconformities shall be encouraged to convert to conformity wherever possible.
4. No nonconformity shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
5. Any other provision of this chapter to the contrary notwithstanding, no use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all regulations of this title.
6. No conforming use may be changed to a nonconforming use, notwithstanding the fact that some of the features of the lot, building or parking are nonconforming.
7. The city planning department shall grant a request for the replacement of one nonconforming use with another if the new use does not constitute a change of use under subsection H of this section. Any request for a change of use must be reviewed pursuant to the procedures of this section.
8. Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided the planning and zoning 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 district than the existing nonconforming use. In permitting such change, the planning and zoning commission may require appropriate conditions and safeguards in accordance with the provisions of this title.
   
   A change of use occurs when:
   1. The parking is inadequate for the new use;
   2. The new use is an expansion in size or impact of a nonconforming use;
   3. In a business or industrial district, the new use constitutes an activity included under a different category of permitted use in this title, and the new use is not similar in operation to the previous use, including without limitation, hours of operation, parking needs, trips generated, number of employees, and noise impact on adjacent properties; or
   4. In a residential district, the new use adds additional dwelling units or requires additional parking.
9. The purchase of adjacent property after enactment of the ordinance codified in this title does not authorize owners to extend the nonconforming use to adjacent property on theory that natural growth and expansion of business requires it.
10. An owner of a nonconforming use sometimes may be found to have a vested right to use an additional area of the subject tract or the entire tract, even though only a portion of the tract was used when the ordinance was enacted. However, nonconforming uses do not necessarily have the right to expand operations or facilities to the boundaries of the property existing at the time of the enactment, but such may be allowed after review and approval from the planning and zoning commission.

(Ord. 900 (part), 1995; Ord. 831 § 5.4, 1992)

1. The city planning department shall grant a request for a building modification for a nonconforming building which has less than fifty (50) percent of the building area situated in the required setbacks, if such building modification meets the setback requirements in Chapters 17.16 through 17.48 of this title, for the district in which the building is located and complies with all other applicable requirements of those chapters.
2. Unless modified under a planned unit review, any other building modification for a nonconforming building is an expansion of use and shall be reviewed under the provisions of Sections 17.56.030 and 17.56.070 of this chapter.
3. Nothing in this chapter shall be construed to permit expanding the height of a building any part of which exceeds the maximum height as set forth in Chapters 17.16 through 17.48 of this title and the provisions of those chapters and Section 17.60.160 supersede the provisions of this chapter, unless such has historic significance and additional stories can be documented by evidence or photographs.

(Ord. 831 § 5.5, 1992)

1. An existing nonconforming lot or parcel of land in the city may be used if it meets the lot size requirements and dwelling densities set forth below:
   
   

   District Lot Size (sq. ft.)	Dwelling Units	Side Yard Setback
   PF 21,780	1	5 feet
   R1 2,500	1	3 feet
   R2 3,500	2	6 feet

2. Unless modified under a planned unit review, no person shall use any other nonconforming lot or parcel without first obtaining approval under Sections 17.56.030 and 15.56.070 of this chapter.
3. The city planning department shall grant a request for the structural alteration, repair or expansion of a building on a nonconforming lot, to improve safety, or efficiency, if the building meets the setback requirements of Chapters 17.16 through 17.48 of this title for the district in which it is located, and if the addition or alteration does not constitute a change of use as defined in Section 17.56.040(H) of this chapter.

(Ord. 831 § 5.6, 1992)

No application for a change to or expansion of a nonconforming use, building or lot other than described in Sections 17.56.020, 17.56.040, 17.56.050 or 17.56.060 of this chapter shall be granted unless all of the following criteria are met:

1. The applicant has undertaken all reasonable measures to reduce or alleviate the effects of the nonconformity upon the surrounding neighborhood, including without limitation, objectionable conditions, visual or noise pollution, vehicular traffic, storage of necessary equipment, materials, and refuse, and on-street parking, so that the change will not adversely affect the surrounding neighborhood.
2. The proposed change or expansion will either reduce the degree of nonconformity of the use, building or lot or improve the physical appearance of the structure or the site without increasing the degree of nonconformity.
3. The proposed change or expansion in use complies with all of the requirements of this title:
   1. Except for change of a nonconforming use to another nonconforming use;
   2. Unless a variance to the setback requirements has been granted pursuant to Chapters 17.16 through 17.48 of this title, or the setback has been varied through the application of the requirements of Chapter 17.80 of this title.
4. The existing building or lot cannot reasonably be utilized or made to conform to the requirements of Chapters 17.16 through 17.48 of this title.

(Ord. 851 (part), 1993; Ord. 831 § 5.7, 1992)