This chapter establishes regulations that govern uses, structures, lots, signs, and other site features that came into being lawfully but that do not conform to one or more requirements of this development code as of the effective date of the ordinance from which this development code is derived.

(Code 2009, § 15.08.010)

This chapter addresses the following types of situations, all of which are collectively referred to as nonconformities:

A.

Nonconforming uses.

1.

General rule. Except as otherwise allowed by this subsection, uses legally established but that no longer comply with the use regulations within the applicable zoning district (chapter 15.04) are nonconforming uses.

2.

Conforming uses without required use permit or approval. A use legally established without conditional use approval is deemed to have a conditional use approval, and is not nonconforming solely because this development code now requires a conditional use approval for the subject use.

3.

Uses in prior PUDs converted to other zoning districts. Uses for properties that were previously zoned PUD, but were converted to other zoning districts upon adoption of this development code, shall comply with the use regulations in chapter 15.04, except that uses approved in an annexation agreement or concept plan shall be allowed if the use has been established within three years of the effective date of the ordinance from which this development code is derived.

B.

Nonconforming structures.

1.

General rule. Except as otherwise allowed by this subsection, structures, except signs, legally established but which, as of the effective date of the ordinance from which this development code is derived, or any subsequent amendment thereto, no longer comply with the dimensional standards of the applicable zoning district are nonconforming structures.

2.

Exceptions.

a.

Structures granted variances. Structures granted a variance from the dimensional standards of either the previous land development regulations or this development code are not nonconforming, provided the structure and owner comply with the terms of the variance approval. Variances granted under previous land development regulations shall be subject to the lapse and redevelopment provisions in section 15.02.060.I.

b.

Structures in approved PUDs. Structures in an approved and current PUD that are granted modifications from the dimensional standards of this development code are not nonconforming.

c.

Buildings and structures in prior PUDs converted to other zoning districts. New buildings and structures, and additions to existing buildings and structures in subdivisions that were previously zoned PUD but were converted to other zoning districts upon adoption of this development code, shall comply with the dimensional standards in chapter 15.03, unless the applicant receives an administrative modification under section 15.02.080.B.

C.

Nonconforming lots. Lots of record legally established but that no longer comply with the dimensional standards of the applicable zoning district are nonconforming lots.

D.

Nonconforming site features. Any landscaping, buffer, screening, driveway, off-street parking or loading area, or outdoor lighting that lawfully existed before becoming noncompliant with the development standards in this development code are nonconforming site features. Nonconforming site features also include the lack of any such required feature or noncompliance of such feature by subsequently enacted development standards.

E.

Nonconforming signs. Signs legally established but that no longer comply with the sign regulations of chapter 15.06 are nonconforming signs.

(Code 2009, § 15.08.020)

Any nonconformity created under application of previous land development regulations shall continue to be a nonconformity under this development code and is subject to this chapter, unless the subject use, structure, or lot is consistent with this development code.

(Code 2009, § 15.08.030)

A.

General policy. Except as otherwise provided in an applicable annexation ordinance, it is the city's general policy to allow nonconformities to continue to exist and be put to productive use. However, it is the city's intent to bring as many aspects of the nonconforming use, structure, sign, site feature, or lot into compliance with this development code as is reasonably practicable, all subject to the limitations of this chapter. The limitations of this chapter are intended to recognize the interests of the property owner in continuing to use the property but to limit expansion of the nonconformity, re-establishment of abandoned nonconforming uses, and the re-establishment of nonconforming buildings and structures that are substantially destroyed.

B.

Determination of nonconformity status. The burden of establishing that a nonconformity lawfully exists is on the owner, not the city. See section 15.08.120.

C.

Change of tenancy or ownership. Changes of tenancy, ownership, or management of an existing nonconformity are permitted, and in such cases the nonconformity continues to be subject to this chapter.

(Code 2009, § 15.08.040)

A.

General rule. Ordinary repairs and normal maintenance required to keep nonconforming uses, structures, and signs in a safe condition shall be permitted. All ordinary repair and normal maintenance shall be subject to this chapter's limitations regarding expansion and enlargement of the nonconforming structure or use.

B.

Compliance required if non-repair results in safety hazard. If, due to a lack of repairs and maintenance, the chief building official declares a nonconforming structure, or a portion of a structure devoted to a nonconforming use to be unsafe, unlawful, or in violation of the adopted building code, such structure shall thereafter be restored, rebuilt, or repaired only in compliance with the regulations of the applicable zoning district. The restored, rebuilt, or repaired structure shall thereafter be used only in compliance with the uses permitted in the zoning district in which the structure is located.

(Code 2009, § 15.08.050)

Nonconforming uses are hereby declared incompatible with the zoning districts where they are located. Nonconforming uses shall be subject to the following standards:

A.

Expansion; expansion of nonconforming uses. Expansion of a nonconforming use that increases the degree of nonconformity, including, but not limited to, augmentation of the use, expansion of the use to other parts of the building or parcel, or the placement of additional signs on the premises, is prohibited unless the planning and zoning commission grants a variance under section 15.02.060.I.

B.

Relocation. No person shall move a nonconforming use within the same parcel or to another parcel unless the use conforms to the use regulations of the applicable zoning district. This provision shall not apply if the relocation of the nonconforming use is the direct result of government action.

C.

Discontinuance; reestablishment prohibited.

1.

Whenever a nonconforming use is discontinued for a period of 180 consecutive days, such use shall not thereafter be reestablished and any future use shall conform to this development code.

2.

At such time as any nonconforming, individual mobile home existing on a lot is removed from such lot or is vacated, the use shall be deemed abandoned and shall not thereafter be returned or occupied except in compliance with this development code.

D.

Changes in use. A nonconforming use may only be changed to a conforming use unless the director, under the procedures for a written code interpretation under section 15.02.100, determines that the change in use would not increase the degree of nonconformity, consistent with the following criteria:

1.

The change in use will not adversely impact surrounding properties or neighborhoods, the natural environment or the city's ability to provide services and maintain public facilities; and

2.

The change in use is consistent with the purpose and intent of this development code.

E.

Accessory uses.

1.

No use that is accessory to a principal nonconforming use shall continue after the nonconforming principal use discontinues as described in subsection C.1 of this section.

2.

No additional accessory use, building, or structure that did not exist when the nonconforming use was legally established shall be established on the site of a nonconforming use.

F.

Damage or destruction.

1.

If a structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by unavoidable means or cause, the structure and nonconforming use may be restored, if the restoration does not increase the degree of nonconformity and is otherwise consistent with this chapter.

2.

No repairs or restoration shall be made unless a building permit is obtained within 180 days and restoration is begun within one year after the date of such whole or partial damage or destruction and is diligently pursued to completion. The chief building official may grant an extension due to unavoidable or extenuating circumstances.

(Code 2009, § 15.08.060)

Nonconforming structures are subject to the following standards:

A.

Enlargement.

1.

Any enlargement, alteration, or expansion of a nonconforming structure that complies with applicable dimensional standards for the portion of the structure being enlarged is allowed, provided such expansion meets all other applicable standards in this development code.

2.

Enlargements of nonconforming structures that increase the degree of nonconformity are prohibited unless the director approves an administrative modification under section 15.02.080.B or the board of adjustment (BOA) or planning and zoning commission (P/Z) grants a variance under section 15.02.060.I. Any enlargement that does not comply with section 15.05.020.F. must receive a variance from the city council as required in section 15.05.020.F.5.a.

B.

Damage or destruction.

1.

If a nonconforming structure is damaged or destroyed, by unavoidable means or cause, the structure may be restored if the restoration does not increase the degree of nonconformity and is otherwise consistent with this chapter.

2.

No repairs or restoration shall be made unless a building permit is obtained within 180 days, and restoration is begun within one year after the date of such damage or destruction and is diligently pursued to completion. The chief building official may grant an extension due to unavoidable or extenuating circumstances.

C.

Relocation. If a nonconforming structure should, for any reason, be moved from its original location, the relocated structure shall conform to the provisions of the applicable zoning district.

D.

Replacement mobile home units. Any mobile home unit replacing a unit in an existing mobile home park shall be subject to the dimensional standards in the applicable zoning district.

(Code 2009, § 15.08.070; Ord. No. O-2020-37, § 3, 10-13-2020)

When lot area or setbacks are reduced as a result of land conveyance to a federal, state, or local government for a public purpose and the remaining lot area or setback is at least 75 percent of the required minimum standard for the applicable zoning district, then that lot is deemed to be in compliance with the minimum lot size or setback standards of this development code.

(Code 2009, § 15.08.080)

A.

Nonconforming lots.

1.

New construction allowed. In any residential zoning district, buildings and structures may be constructed on a legal nonconforming lot of record. However, the dimensional requirements of the applicable zoning district must be met unless the director approves an administrative modification under section 15.02.080.B or the board of adjustment or planning and zoning commission grants a variance under section 15.02.060.I.

2.

Enlargements allowed. Existing buildings or structures located on nonconforming lots of record may be enlarged, expanded, or extended only if such action does not increase nonconformities with applicable dimensional standards or cause a new area of nonconformity, or unless the director approves an administrative modification under section 15.02.080.B or the board of adjustment or planning and zoning commission grants a variance under section 15.02.060.I.

(Code 2009, § 15.08.090)

A.

Applicability.

1.

A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this development code, subject to the requirements of this section.

2.

No action shall be taken that increases the degree or extent of a nonconforming site feature.

B.

Nonconforming landscaping, buffers, screening and outdoor lighting.

1.

Nonconforming buffers and landscaping shall be upgraded to comply with this development code if the site containing the nonconforming site feature is proposed for any of the following development activities:

a.

An increase in the total square footage of the vehicular use area, including parking, loading, circulation, and driveway areas;

b.

A structural addition that increases the combined total gross floor area of all existing structures by more than 25 percent;

c.

Building elevation changes involving 50 percent or more of the exterior walls of a roofed structure on the property, excluding minor cosmetic maintenance such as painting, replacing lighting fixtures, or replacing awnings or signs.

2.

Nonconforming lighting shall be upgraded to comply with this development code with any change of a structure or site that involves development subject to site plan review, a change of use or site plan waiver under section 15.02.070.C.

3.

Nonconforming screening and buffers shall be upgraded to comply with this development code with any expansion of outdoor operations, storage, or display areas on a site containing nonconforming buffers or screening that increases the gross square footage of such areas.

C.

Nonconforming parking.

1.

Upgrading nonconforming parking.

a.

Nonconforming off-street parking facilities shall be upgraded to comply with this development code's minimum parking space requirements when an addition to or expansion of one or more structures would increase the total gross floor area of the structures by more than 25 percent.

b.

Nonconforming off-street parking facilities shall be upgraded to comply with this development code's parking lot landscaping requirements pursuant to subsection B of this section.

c.

Nonconforming parking as it relates to maximum parking requirements shall not be subject to the standards in subsection C.2 of this section, unless necessary to comply with other standards, such as landscaping buffers.

2.

ADA parking. ADA parking shall be upgraded to comply with this development code with any change of a structure or site that involves development subject to site plan review, a change of use or site plan waiver under section 15.02.070.C.

D.

Compliance to the maximum extent practicable. Where full compliance with the requirements of this subsection is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, riparian areas, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the director.

(Code 2009, § 15.08.100)

All nonconforming signs shall be subject to the standards stated in section 15.06.080.

(Code 2009, § 15.08.110)

Owners of nonconforming uses, structures, signs, lots, or site features may request a certificate of legal nonconforming status by filing an application with the director according to the written code interpretation procedures of section 15.02.100. The application shall be accompanied by documentation that establishes the approximate date that the use, structure, or sign was established. The director is authorized to require additional information if deemed necessary to permit an accurate determination. Once issued, the owner shall record the certificate, which shall run with the land and shall not be affected by changes of tenancy, ownership, or management, subject to the requirements of this development code.

(Code 2009, § 15.08.120)