The purpose of this chapter is to promote the public health, safety and general welfare by regulating land uses, lots and structures which were lawfully established but which do not conform to the provisions of this zoning code. This chapter is further intended to prevent the expansion of nonconforming uses and structures to the maximum extent feasible, to establish the criteria under which they may be continued, and to provide for the correction or removal of such nonconformities in an equitable and reasonable manner.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For the purposes of this chapter and this code, certain words and terms shall be defined as follows:

"Intensity" means the level of development or activity associated with a land use, as measured by one (1) or more of the following:

1.

The amount of parking required for the use per Chapter 9.150.

2.

The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics.

3.

The floor area occupied by the use.

4.

The percentage of the building site occupied by the use or by the structure containing the use.

"Nonconforming lot" means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located.

"Nonconforming structure" means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located.

"Nonconforming use" means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved.

"Nonconformity" means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term "nonconformity" does not include illegal uses, lots, or structures which were not lawful when established or constructed.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Continuation of Nonconforming Use. A nonconforming use may be continued subject to the restrictions of this section.

B.

Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a period of one (1) year, it shall not be reestablished and any new use of the premises shall conform to the applicable district regulations of this code.

C.

Intensification of Nonconforming Uses.

1.

A nonconforming nonresidential use shall not be increased in intensity.

2.

A nonconforming residential use may be increased in intensity provided the intensification will not create or increase any nonconformity relating to setback, height or any other development standard. (For example, a "granny flat" may be added to a single-family detached dwelling in a district permitting only attached homes provided there is no new setback or other encroachment and all requirements pertaining to creation of second dwelling units are met.)

3.

A single-family dwelling unit with nonconforming parking per Section 9.150.070 shall conform with parking requirements when making an addition to livable area, with the exception of the Cove Residential district which shall comply with 9.270.030(C)(4).

4.

In the Cove Residential (RC) district, a single-family dwelling unit with nonconforming parking per Section 9.150.070 shall conform with parking requirements when an addition exceeds fifty percent (50%) of the square footage of the existing living area. For a building addition to a single family dwelling unit with nonconforming parking per Section 9.150.070 that is fifty percent (50%) or less of the existing square footage of living area, the parking requirements may be satisfied without a garage if the applicant can provide evidence of two (2) off-street parking spaces (e.g., driveway space, carport), to the satisfaction of the Design and Development Director or designee. The fifty percent (50%) threshold for additions described herein applies either incrementally or cumulatively over a three (3)-year period. Design of additional parking shall also consider any historical significance of the housing, including architectural features.

D.

Restoration of Nonconforming Use. A nonconforming use occupying a structure which is damaged or destroyed by fire, explosion, earthquake or other disaster may be reestablished provided:

1.

Restoration of the structure will not create or increase any nonconformity relating to setback, height, or any other development standard; and

2.

Application for a building permit is submitted within one (1) year of the damage or destruction and construction is commenced and completed under that permit without any lapses of or extensions to the permit.

E.

Change of Ownership. Changes in ownership, tenancy, proprietorship or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Legally established nonconforming lots may be developed and used in accordance with this code provided all code requirements other than those relating to the lot's conformity are met.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Continuation of Nonconforming Structure. A nonconforming structure may be continued and maintained subject to the restrictions of this section.

B.

Maintenance and Repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, reroofing, residing, replastering and replacement of incidental nonstructural elements.

C.

Structural Alterations. Interior or exterior structural alterations may be made to nonconforming structures provided the alterations do not increase the degree or extent of the structure's nonconformity nor create any new nonconformities.

D.

Damage or Destruction.

1.

Residential and Nonresidential Structures. A nonconforming structure which is damaged or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of fifty percent (50%) or more of the replacement cost of the structure, as determined by the director, shall not be restored except in conformity with all development standards and other regulations of this zoning code.

2.

Determination of Replacement Cost. In determining the replacement cost of a structure, the director may utilize city building permit records, contractor estimates, assessed valuation, and any other information deemed by the director to be reflective of replacement cost.

3.

Residential Structures. A nonconforming residential structure which is destroyed or damaged to any extent by fire, explosion, earthquake or other disaster may be restored.

E.

Safety of Structures. Nothing in this section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the city charged with protecting the public safety upon order of such officer.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

Refer to Section 9.150.100 for provisions regarding nonconforming parking and Section 9.160.110 for provisions regarding nonconforming signs.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Uses, tentative subdivision lots, tentative parcel map lots and structures approved prior to the effective date of this zoning code which are nonconforming under this code may nevertheless be established, recorded or constructed in accordance with approved plans or maps provided all other applicable laws and regulations are satisfied.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Nothing in this chapter shall be construed so as to allow for the continuation of illegal land uses or structures, i.e., uses or structures which did not comply with the zoning ordinance(s) in effect when they were established. Such illegal uses or structures shall be subject to the enforcement provisions of the municipal code and shall be removed immediately.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)