This chapter is intended to accomplish the following:

   A.   To provide for the regulation of property which is nonconforming as to land use, site or structure development standards, performance standards, or any combination thereof, hereinafter referred to as a non-conforming property.

   B.   To specify the circumstances and conditions under which a nonconforming property may continue.

   C.   To limit the number and extent of nonconforming properties by prohibiting or limiting their enlargement or extension, their reestablishment after abandonment, and their alteration or restoration after partial or complete destruction.

   D.   To discourage the continuation of nonconforming properties where they adversely affect the intent and purpose of this title and the general plan or the maintenance, development, use, enjoyment or economic value of other property in the vicinity.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   The following definitions of a nonconforming land use shall apply:

   A.   Nonconforming development standards:

Development sites and structures are subject to numerous standards, most of which are defined in physical terms and subject to measurement. A nonconforming standard of development occurs when a use or structure that was previously lawful no longer complies with certain standards, either as of the effective date of this title or as a result of subsequent applicable amendments. The applicable development standards are:

      1.   Lot area per dwelling unit, minimum.

      2.   Lot coverage, maximum.

      3.   Location of structures.

      4.    Separation between buildings, minimum.

      5.    Setbacks, minimum.

      6.     Height limits, maximum.

      7.    Usable open space, minimum.

      8.    Parking and loading requirements.

      9.    Landscaped area requirements.

   B.   Nonconforming sign:

   The definition and regulations for a nonconforming sign are contained in Chapter 15.49 of this title.

   C.   Nonconforming lot:

   Nonconforming lot means a specific type of nonconforming land use where the lot does not conform to the district regulations with respect to lot area or lot width or both. See Section 15.64.090.

   D.   Nonconforming use:

   Nonconforming use means the use of land or structures, where the existing use was previously lawful but currently is no longer in compliance with the regulations of the zone in which it is located, either as of the effective date of this title or as a result of subsequent applicable amendments.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   Unless otherwise excepted, all time periods affecting a nonconforming property shall begin on the effective date of this or prior code amendments, or subsequent amendments thereto, or a change in the zoning map, whichever is the cause of such nonconforming use.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A nonconforming property may be continuously maintained provided there is no structural alteration or addition to any structure which results in the enlargement of area, space or volume to the nonconforming property, except as otherwise provided in this title.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   Ordinary repairs, maintenance and remodeling may be made to a structure of a nonconforming property, subject to the following provisions:

   A.   The maintenance shall not include structural alterations resulting in the enlargement of area, space or volume, except those required by law, or except those to make the structure and use conform to the standards and use regulations of the zone in which it is located.

   B.   The remodeling, ordinary repairs or repairs or replacement of nonbearing walls, fixtures, wiring or plumbing may be performed, but in no case shall the structure be enlarged, except as provided in this chapter.

   C.   Except as may be provided in Section 15.64.120, nothing contained in the provisions of this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or part thereof that has been declared to be unsafe by an officer of the City charged with protecting the public safety.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   A structure with a nonconforming use shall not be enlarged in volume nor increased in area. However, in the case of a structure that is nonconforming to development standards only:

      1.   The Community Development Director may administratively allow an increase in area or length to the structure if this increase is not more than ten percent of the existing structure, provided that all other regulations of the zone are met.

   B.   When the use is nonconforming due to parking requirements, the structure subject to the nonconforming use may not be enlarged or altered to create additional dwelling area, guest rooms, seating capacity or floor area, unless additional parking is provided to meet current parking requirements except as otherwise provided in FMC 15.30.060.E. The foregoing shall not restrict the expansion of a single-family residence in any residential zone that is nonconforming only by virtue of less than the currently required garage, provided that the residence was legally constructed and has since been legally maintained with less than the current requirement.

   C.   Notwithstanding the previous paragraph, a proposal to add units to a property zoned for or improved with an existing multiple-family residential development shall be required to provide additional parking for the additional units in accordance with standards in effect at the time the units are proposed. In the case where the total number of units on the property does not exceed four, the proposed development shall not have to provide parking for the existing units other than what was required when constructed. In the case where the number of units on the property is five or more, the proposed development shall be required to provide parking for the existing units in accordance with current parking standards.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   Any development constructed in excess of development standards at the time of its construction, yet meeting current development standards, may not be expanded or extended if it would create a nonconforming situation with regard to the current development standards.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A nonconforming use shall not be changed to any other use except to one that is permitted in the zone in which the property is located. No use shall be changed to another use that would create or increase a nonconforming situation in parking standards except as otherwise provided in FMC 15.30.060.E.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   Any lot or parcel existing prior to annexation or prior to June 18, 1953, and any lot or parcel created since that date by city approval of a lot division or subdivision application and subsequent recordation in accordance therewith, having less area or width than required by its subsequent zone classification may be improved or used in accordance with such classification regardless of its deficiency in area or width.

(Ord. 2982, 2001).

   In the case of a nonconforming use created by a public acquisition, the following shall apply:

   A.   If 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 title.

   B.   If such structure is partially located upon the property being acquired for public use, it may be relocated upon the same lot or premises without observing the required setback 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 zone in which it is located.

   C.   If a lot does not comply with the development standards of the zone 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 (so long as the remainder is smaller in area or width than one-half of the minimum area or width required for the zone in which it is located) may continue to be utilized as a conforming lot. However, all other development standards shall still apply to any construction thereafter.

(Ord. 2982, 2001).

   Any structure under construction (for which a foundation has been poured) and for which a valid building permit has been issued prior to the date of this title, or amendment thereto, which makes such structure a nonconforming situation, may be completed and used in accordance with the provisions of this title or any amendment thereto, provided that:

   A.   Construction or proposed use of such structure is not in violation of any other ordinance or law.

   B.   Such structure is completed within one year of the date the valid building permit was issued.

   C.   Such structure is completed in accordance with the plans and specifications that such building permit was issued.

(Ord. 2982, 2001).

   A.   A nonconforming structure that is damaged or destroyed by fire, explosion or natural disaster may be restored and the occupancy or use of such structure existing at the time of such destruction, may be continued or resumed, provided:

      1.   Such restoration is of equal or lesser degree of non-conformity; and

      2.   Such restoration or reconstruction is started within a period of one year and is completed within a period of two years from the date the structure was damaged or destroyed.

   B.   In the event such damage or destruction exceeds 50% of the fair market value of the structure, based upon its fair market value immediately prior to the occurrence of the damage, the structure shall not be reconstructed except in conformity with all use and development standard regulations for new structures in the zone in which it is located; provided, however, nonconforming dwelling units legally erected pursuant to a city building permit may be restored to an equal or lesser degree of nonconformity within one year of destruction, even if such destruction does exceed 50% of the prior value of such nonconforming dwelling unit.

   C.   All determinations under this section, including the fair market value of the structure and the amount of damage incurred, shall be made by the Director of Development Services or his or her designee. Any decision by the Director of Development Services may be appealed to the Planning Commission in writing within 10 days of the decision by the Director of Development Services or his or her designee. The Planning Commission shall then hold a public hearing concerning the value and the amount of damage incurred, allowing both the City and the property owner the opportunity to introduce evidence and to cross-examine witnesses. The Planning Commission shall then issue a decision in writing with findings of fact within 21 days of the public hearing. The decision of the Planning Commission may be appealed to the City Council in writing within 10 days of the decision of the Planning Commission. The City Council shall review the matter de novo.

(Ord. 2982, 2001).

   A.   Under the following conditions a nonconforming use terminates the right to operate:

      1.   When a nonconforming use changes to a conforming use; however, a single-family residence that has been converted to a conforming use in the O-P zone may be reconverted back to a nonconforming status as a single-family residence, provided the height limitations, parking and usable open space provisions of an R-1 zone are provided on the site.

      2.   When a nonconforming use has not continued to be in operation for a consecutive period of six months or for an intermittent period totaling one year over a span of three years.

   B.   This section does not apply to a structure that is nonconforming to development standards only.

(Ord. 2982, 2001).

   Notwithstanding other provisions thereof, this chapter shall not apply to historic landmarks designated in accordance with Chapter 15.48 of this title.

(Ord. 2982, 2001).