The purpose of this section is to establish policy and guidelines for the regulation of nonconforming uses, lots, and structures. It is further the purpose of this section to work towards bringing nonconforming uses, lots, and structures into compliance with this Ordinance, the Comprehensive Plan, and other applicable ordinances and regulations.

A.

For purposes of this section, the effective date of this ordinance is September 7, 1982, or the adoption date of any amendment if the amendment, rather than the ordinance originally adopted, creates a nonconforming situation.

B.

A nonconforming use, as defined in this ordinance, may be continued and maintained at its lawful nature and extent.

C.

Normal maintenance and repair of nonconforming structures is permitted.

D.

Nonconforming uses or structures may be altered, expanded, or replaced as provided in subsections 14.32.070 and 14.32.040 after verification under 14.32.030.

E.

An application to alter, expand, or replace a nonconforming use or structure may be processed and authorized under a Type II or Type III decision-making procedure as provided by Chapter 14.52, Procedural Requirements, in addition to the provisions of this section.

F.

A nonconforming use may expand onto neighboring properties.

G.

If a nonconforming use or structure is discontinued for a period of one year (12 continuous months) or more, further use of the property shall conform to the requirements of this ordinance.

(Ordinance No. 1426, April 1, 1985; Ordinance No. 1679, July 19, 1993; Ordinance No. 1996, January 7, 2010)

An application for the alteration, expansion, or replacement of a nonconforming use shall be processed and authorized using a Type II decision-making procedure.

(Ordinance No. 2228, January 6, 2025)

In addition to a land use application form with the information required in Section 14.52.020, the application shall include the following:

A.

For requests involving structures that do not satisfy required setbacks, the site plan shall also show survey monuments along the property line(s) adjacent to the encroachment.

B.

For requests involving structural work within required setbacks or construction that exceeds building height limitations, the application shall include exterior architectural elevations, drawn to scale, illustrating the proposed structure and adjoining finished ground elevations.

A.

When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum set forth in this Ordinance, then the lot may be used as proposed just as if it were conforming.

B.

This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has had no structures upon it from the effective date to the date of intended use.

A.

Upon receiving an application to alter, expand, or replace a nonconforming use or structure, the approval authority shall determine that the use or structure is nonconforming. Such determination shall be based on findings that:

1.

The use or structure was legally established at the time the Zoning Ordinance was enacted or amended; and

2.

The use has not been discontinued for a continuous 12-month period.

The approval authority may require the applicant provide evidence that a use has been maintained over time. Evidence that a use has been maintained may include, but is not limited to, copies of utility bills, tax records, business licenses, advertisements, and telephone or trade listings.

B.

The approval authority shall verify the status of a nonconforming use as being the nature and extent of the use at the time of adoption or amendment of the Zoning Code provision disallowing the use. When determining the nature and extent of a nonconforming use, the approval authority shall consider:

1.

Description of the use;

2.

The types and quantities of goods or services provided and activities conducted;

3.

The scope of the use (volume, intensity, frequency, etc.), including fluctuations in the level of activity;

4.

The number, location, and size of physical improvements associated with the use;

5.

The amount of land devoted to the use; and

6.

Other factors the approval authority may determine appropriate to identify the nature and extent of the particular use.

7.

A reduction of scope or intensity of any part of the use as determined under this subsection for a period of 12 months or more creates a presumption that there is no right to resume the use above the reduced level. Nonconforming use status is limited to the greatest level of use that has been consistently maintained since the use became nonconforming. The presumption may be rebutted by substantial evidentiary proof that the long-term fluctuations are inherent in the type of use being considered.

8.

For the purpose of this section, discontinuance of a use, including a reduction of scope or intensity of any part of the use, shall not be deemed to have occurred during the time that a federal, state, or local emergency order limits or prohibits repair or replacement of the use.

(Ordinance No. 2194, May 16, 2022)

A.

After verification of the status of a nonconforming use pursuant to Section 14.32.030, the approval authority may authorize alteration, expansion, or replacement of any nonconforming use or structure when it is found that such alteration, expansion, or replacement will not result in a greater adverse impact on the neighborhood. In making this finding, the approval authority shall consider the factors listed below. Adverse impacts to one of the factors may, but shall not automatically, constitute greater adverse impact on the neighborhood.

1.

The character and history of the use and of development in the surrounding area;

2.

The comparable degree of noise, vibration, dust, odor, fumes, glare, or smoke detectable within the neighborhood;

3.

Adequacy of infrastructure to accommodate the use. For the purpose of this subsection, infrastructure includes sewer, water, and streets;

4.

The comparative numbers and kinds of vehicular trips to the site;

5.

The comparative amount and nature of outside storage, loading, and parking;

6.

The comparative visual appearance;

7.

The comparative hours of operation;

8.

The comparative effect on solar access and privacy;

9.

Other factors which impact the character or needs of the neighborhood.

B.

The approval authority must consider the purpose of the current zoning provisions that cannot be satisfied when determining whether or not the alteration, expansion, or replacement of a nonconforming use or structure will have a greater adverse impact on the neighborhood.

C.

To the extent there is a rational nexus, and the City can establish that needed improvements are roughly proportional to proposed development, an alteration, expansion, or replacement of a nonconforming use or structure shall be brought into compliance with provisions of the Zoning Ordinance that relate to:

1.

Surfacing of parking areas and landscaping;

2.

Exterior design of structures;

3.

Outdoor displays, storage, and signage.

D.

Nonconforming residences in nonresidential zones may be altered, expanded, or replaced without the procedure outlined in subsections (A) through (C), above, provided such alteration, expansion, or replacement complies with the siting criteria contained in the R-4 zoning district.

Notwithstanding the provisions of subsection 14.32.070, after verification of the status of a nonconforming use, the approval authority may authorize the alteration, expansion, or replacement of a nonconforming use or structure based on findings that:

A.

The alteration or replacement is made necessary by fire, other casualty or natural disaster, provided the restoration or replacement is "in-kind" and an application is submitted within one year from the date of occurrence; or

B.

The alteration, expansion, or replacement is necessary in order to satisfy health and safety or Americans with Disabilities Act (ADA) requirements.