A.

The intent of this section is to provide for the continuation and, under appropriate circumstances, elimination of existing uses of property that do not conform to the requirements of this title or that may not conform to future amendments thereto.

B.

The provisions in this chapter are designed to accomplish this intent in a way that:

1.

Recognizes the rights and interests of owners of individual properties that have been rendered nonconforming by city action to upgrade zoning policies and standards;

2.

Allows the property owner or lessee to recover his or her investment in nonconformity, while also recognizing that by virtue of the nonconformity he or she enjoys a special right not available to other property owners in the same zoning district;

3.

Minimizes the nuisance, reduction in neighboring property values and other adverse effects of properties that do not conform to their environs.

(Ord. No. 89-ZO-1 § 3(part), 1989)

A.

A nonconformity is any characteristic of a building, structure or lot or parcel of land, or of the use thereof, which was lawful prior to the date of enactment of the ordinance codified in this title or any amendment thereto but that does not currently conform to the requirements applicable to the zoning district in which it is located.

B.

The lawful issuance of a building permit prior to the dates specified in subsection A of this section shall be considered to establish the lawfulness of any building or structure.

C.

There are three categories of nonconformities:

1.

Activity Nonconformities.

a.

A property with an activity nonconformity is being used for a purpose not allowed in its zoning district.

b.

Activity nonconformities are any activities or functions carried on at a premises (as either a principal or accessory use) that are not allowed by the permitted and conditional uses of the zoning district in which the premises is situated, irrespective of the use for which the premises was designed.

c.

The use of a dwelling now located in a residential district as the site of a previously legal business is an example of an activity nonconformity. The design of such a structure is conforming, but its use is not.

d.

The provisions in this chapter recognize that activity nonconformities can generally be eliminated more easily and at less cost than other kinds of nonconformities.

2.

Design Nonconformities.

a.

A property with a design nonconformity was designed for a purpose not allowed in its zoning district. Its present use may or may not be for a purpose allowed in that district.

b.

A design nonconformity is the design or intended use of all or substantially all of a premises for any principal or accessory use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities currently carried on at that premises.

c.

A previously legal premises now located in a residential district that was designed and intended as an automobile service station or an open sales lot, would be an example of a design nonconformity, even if no service station or sales business were currently operated on the premises. A store building in a residential district that is presently used as an elementary school would be another example. In both cases the use or activity on the premises is conforming but the design or appearance of the premises is not.

d.

The provisions in this chapter recognize that design nonconformities are more difficult and more costly to eliminate than activity nonconformities.

3.

Standards Nonconformities.

a.

Standards nonconformities are all other nonconformities with the requirements of this title, including nonconformities involving:

i.

Yards;

ii.

Building height;

iii.

Lot area or lot area dwelling unit;

iv.

Lot width;

v.

Floor area ratio;

vi.

Off-street parking and loading;

vii.

Signs;

viii.

Landscaping and screening

b.

An undeveloped lot not meeting the minimum width required by its zoning district is an example of a standard nonconformity.

c.

The provisions in this chapter recognize that certain types of standard nonconformities are difficult and costly to eliminate while other types can be eliminated more easily at relatively modest expense.

(Ord. 89-ZO-01 § 3(part), 1989)

A.

Routine maintenance and minor repairs within any twelve-month period costing thirty-three percent or less of the value of the improvements on a property with a nonconformity may be performed without elimination of any nonconformity.

B.

Reconstruction or repairs costing over thirty-three percent of the value of the improvements on a property with a nonconformity that is damaged or destroyed may be performed so long as:

1.

The new construction does not exhibit any greater degree of nonconformity than existed before the damage or destruction; and

2.

Existing design or standards nonconformities conform to the requirements on partial elimination of nonconformities property having a design nonconformity is permitted if the expansion involves no structural alteration as defined in this chapter. Any other expansion shall require elimination of the nonconformity.

C.

Standards Nonconformity. Expansion within a structure on a property having a standards nonconformity is permitted conditioned upon the conformance of all standards nonconformities to the requirements on partial elimination of nonconformities in Section 17.44.110.

(Ord. 89-ZO-01 § 3(part), 1989)

Expansion of the use of land having any nonconformity, whether involving a principal or accessory use, is permitted beyond the land area presently occupied only provided that the nonconformity is eliminated and no new nonconformity is created.

(Ord. 89-ZO-01 § 3(part), 1989)

No structure with any nonconformity shall be moved in whole or in part to any other location on the same or any other lot unless in the new location it will conform to all regulations of the applicable zoning district.

(Ord. 89-ZO-01 § 3(part), 1989)

A.

Activity Nonconformity. No activity creating an activity nonconformity shall be changed to another activity that creates an activity nonconformity.

B.

Design or Standards of Nonconformity. If a design or standards nonconformity would continue after a change in use or activity, or if further such nonconformity would be created, then such nonconformity shall conform to the requirements on partial elimination of nonconformities in Section 17.44.110.

(Ord. 89-ZO-01 § 3(part), 1989)

A.

Activity Nonconformity.

1.

If an activity nonconformity is voluntarily and intentionally discontinued, no subsequent use of the same property shall resume or establish any such nonconformity.

2.

If an activity nonconformity discontinues for a continuous period of one year, no subsequent use of the same property shall resume or establish any such nonconformity and thereafter be occupied by an activity which conforms to the activity regulations of the district in which it is located.

B.

Design or Standards Nonconformity.

1.

If use of a property after voluntary and intentional discontinuation as provided above would reinstate, continue or create a standards nonconformity, or a greater such nonconformity than existed previously, then such nonconformity shall conform to the requirements on partial elimination of nonconformities in Section 17.44.110.

2.

If a design or standards nonconformity discontinues for a continuous period of one year, no subsequent use of the same property shall resume or establish any such nonconformity and thereafter conform to the design and standards regulations of the district in which it is located.

(Ord. 89-ZO-01 § 3(part), 1989)

Any lot of record as of the effective date of the ordinance codified in this title that is located in a residential district, that has no substantial structure upon it, and that has a standards nonconformity, may be used for a single-family detached dwelling without eliminating the nonconformity.

(Ord. No. 89-ZO-1 § 3(part), 1989)

Where specifically provided in this chapter, nonconformities shall be reduced or eliminated to the extent the city council determines physically and economically feasible, particularly where this can be done without relocation of sound major structures, acquisition of additional land or expenses disproportionate to the cost of the expansion, enlargement, change of resumption of activity, or other action taken.

(Ord. No. 89-ZO-1 § 3(part), 1989)

For the purposes of this chapter, the value of improvements on property shall be the most recent equalized assessed valuation for property tax purposes divided by the assessment ratio of assessed to true value.

(Ord. No. 89-ZO-1 § 3(part), 1989)

Conditional uses approved by the city shall not be considered to have activity or design nonconformities but shall require an additional conditional use permit for any alteration, enlargement or extension. The casual, intermittent or temporary use of land or structures shall not be sufficient to establish the existence of a nonconformity; provided, that such intermittent or temporary use is for the purpose of establishing a conforming use.

(Ord. No. 89-ZO-1 § 3(part), 1989)

A.

A certificate of occupancy shall be required for the continuation of all nonconformities created by this title or any amendment thereto.

B.

When the city code enforcement official determines that a property has any nonconformity, he or she shall notify the owner or lessee thereof of such nonconformity and of the regulations applicable thereto.

C.

Such notice shall require that the recipient file with the code enforcement official, within ninety days of the date thereof, either satisfactory evidence that the property is not conforming or a completed application for a certificate of occupancy to continue the nonconformity.

D.

Upon timely receipt of a complete and accurate application therefore, the code enforcement official shall issue a certificate of occupancy for the nonconforming property.

E.

The code enforcement official shall maintain a file of all nonconformities of which he or she has sent notice and of all nonconformities issued certificates of occupancy.

(Ord. No. 89-ZO-1 § 3(part), 1989)

Nonconformities that must be eliminated when action is taken:

See regulations for detailed requirements.

(Ord. No. 89-ZO-1 § 3(part), 1989)

For definitions of terms in Chapter 17.44 refer to Section 17.64.

(Amended Ordinance No. 90-ZO-1)