This article establishes uniform provisions for the regulation of nonconforming land uses, nonconforming development (including structures and improvements), and nonconforming lots that were lawfully established but do not comply with the current requirements of this article ("nonconforming situations"). The overall intent of this article is to protect public health, safety, and general welfare while allowing reasonable use of private property by:

A.

Limiting the number and extent of specific nonconforming uses and development that conflict with the provisions of this title by prohibiting their reestablishment after discontinuation;

B.

Limiting the extent to which nonconforming uses and development that are involuntarily damaged or destroyed can be restored;

C.

Allowing for the continuation and maintenance of nonconforming uses and development until such use or development is changed in any manner beyond the scope allowed by this article;

D.

Establishing procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and development; and

E.

Limiting the alteration, enlargement, or relocation of nonconforming uses and development in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this zoning code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Uses or developments that were not lawfully established do not have a legal right to continue as nonconforming situations as defined by this article and shall be removed immediately. See Chapter 1.02 (Penalties).

B.

Nonconforming situations shall have the following meanings:

1.

A nonconforming lot means a lot that was lawfully established but does not meet the requirements of the zoning district in which it is located.

2.

A nonconforming development means a structure, building, or site improvement, such as an off-street parking facility, that was lawfully established in compliance with the applicable zoning regulations in effect at the time of construction or establishment but which no longer complies with the applicable development standards of the zoning district in which it is located, such as setbacks, buffers or yards, area, bulk, height, density, or parking.

3.

A nonconforming use means a use of land or a structure that was lawfully established in compliance with the applicable zoning regulations in effect at the time it was established but which no longer complies with the applicable regulations of the zoning district in which it is located.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

When submitting a development application to alter or expand a nonconforming situation or otherwise establish that a lot, development, or use is a legal nonconforming situation, the property owner or applicant shall document that a nonconforming situation was legally established on its present site. Evidence that the situation was legally established shall depend upon the type of nonconforming situation, as follows:

A.

For nonconforming lots, the property owner or applicant shall document when the lot was lawfully created based upon recorded deeds or similar.

B.

For nonconforming development or nonconforming uses, the property owner or applicant shall provide building, land use, or development permits. For development or uses which did not require a permit when lawfully established, the property owner or applicant shall provide other evidence which clearly shows the date the development or use was established, such as dated aerial photographs.

C.

In addition, for nonconforming uses, the property owner or applicant shall document that the use has been continually maintained the prior twelve months. However, an extension of time to demonstrate that the use has not ceased may be granted by planning commission action or, upon appeal, city council action. Evidence that a use has been maintained over time shall consist of building permits, functioning utility hookups, tax records, business licenses, lease agreements, business receipts, and/or similar documentation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance pursuant to the provisions of Chapter 9.06 (Nuisance Abatement) or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the city council or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Section 9.06.030 (Nuisances), a nonconforming use is a public nuisance if:

1.

The use interferes with the enjoyment of life or property in the neighborhood; or

2.

The use is injurious to the health of persons in the neighborhood.

B.

The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located is determined to be a public nuisance pursuant to the provisions of Chapter 9.06 (Nuisance Abatement) or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated by the city council or order of the court. If the abatement of the nuisance required demolition of the structure, the city council order or judgment or order of the court shall find that in fairness and in justice there is no other way reasonably to correct the nuisances other than by demolition of the structure.

C.

Where it cannot be found that demolition of a structure is appropriate, the city council may permit the structure to remain in existence but may impose one or more conditions to bring the structure into conformity with the requirements of this title so far as is reasonable, in addition to any other conditions necessary to abate the public nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Whenever any city action to require dedication of land to or purchase of land by the city for any public purpose, or any eminent domain proceedings by any government agency, results in the creation of a nonconforming condition within the meaning of this title, such conditions shall not be considered nonconforming within the meaning of this title. The city shall record a deed notification of said conformity determination at time of dedication or acquisition.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Nonconforming lots may be developed with land uses that are permitted by the zoning district in which they are located, provided that all development occurs per zoning code standards.

B.

Lot line adjustments to nonconforming lots that do not increase the deviation between the existing nonconforming situation and the code requirement or create a new nonconforming situation are allowed.

C.

If a development is proposed on a nonconforming lot and a contiguous lot or lots is owned by the same party as the lot on which the development is proposed, the city shall have the authority to require the merger of the lots to create a conforming lot, provided all the following requirements are met:

1.

At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

2.

With respect to any affected parcel, one or more of the following conditions exists:

a.

Comprises less than five thousand square feet in area at the time of the determination of merger;

b.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c.

Does not meet current standards for sewage disposal and domestic water supply;

d.

Does not meet slope stability standards;

e.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f.

Its development would create health or safety hazards, as determined by the director; or

g.

Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

Any such requirement for a merger shall be processed as a lot line adjustment pursuant to Chapter 22.18 (Lot Line Adjustment Process).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Legally nonconforming buildings and structures may continue to be used and maintained subject to the following limitations:

A.

General. Additions or alterations are allowed unless such additions or alterations would increase the deviation between the existing nonconforming situation and the code requirement or would create a new nonconforming situation.

B.

Alterations. Additions or alterations that extend a nonconforming setback or structure height are allowed only upon approval of a site plan modification. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)) as well as find that that such extension does not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood.

C.

Force Majeure. If any legally nonconforming building or structure is damaged by fire, earthquake, explosion, or other force majeure to an extent of more than seventy-five percent of the gross floor area of the structure(s), as determined by the building official, such building or structure shall only be rebuilt to conform to the present code requirements. However, any property owner seeking to rebuild any such building or structure to the condition existing prior to occurrence of a fire, earthquake, explosion, or other force majeure shall apply for a development plan modification pursuant to the provisions of Section 21.16.020 (Development Plan Modifications). In addition to the required findings for approval of a development plan modification, findings shall also be made that restoring the building or structure to the previous state of nonconformity would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

D.

Purposeful Destruction. If any legally nonconforming building or structure is damaged by a purposeful act of destruction to an extent of more than fifty percent of the gross floor area of the structure(s), as determined by the building official, such damaged portions of the building or structure shall only be rebuilt to conform to the present code requirements. Full restoration may be made to the previous state of nonconformity subject to approval of a development plan modification (Section 21.16.020). In addition to the required findings for approval of a development plan modification, findings shall also be made that restoration would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

E.

Lot Line Adjustments. If the legally nonconforming buildings or structures do not meet the zoning district requirements for setbacks, including situations in which buildings or structures are located across property lines, and the owner of the nonconforming buildings or structures and the owner of the adjacent property seek to reduce the nonconforming situation via the filing of a lot line adjustment application, and if it can be demonstrated that the lot line adjustment does not increase the deviation between the existing nonconforming situation and the code requirement or create a new nonconforming situation, then, subject to approval of a conditional use permit, including any conditions deemed necessary to protect the public health, safety, and welfare, the planning commission may approve such a lot line adjustment.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Notwithstanding the provisions of Section 21.76.010(C), any multi-family residential development that is nonconforming with regard to maximum allowed density and is damaged to any extent by fire, earthquake, explosion, or other act not attributed to a purposeful act of destruction may be rebuilt to include the same number of units that existed prior to the occurrence of such destructive act.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Nothing contained in this title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of ordinances then effective and upon which actual construction has been started, provided that in all such cases actual construction shall be diligently carried on until completion of the building in accordance with approved plans.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Legally nonconforming land uses may continue to be operated and maintained subject to the following limitations:

A.

The site or building areas in which they are located shall not be enlarged or increased. Exception: Subject to approval of a conditional use permit, additions may be made to residential dwelling units in commercial and industrial districts, provided that said addition shall not increase the number of dwelling units on a property, including the addition of any accessory dwelling unit.

B.

The intensity or level of use or activity shall not be increased in terms of hours of operation, daily generation of vehicle trips, or other metric determined by the zoning administrator based on the use.

C.

If a nonconforming use is abandoned for a period of twelve or more consecutive months, such use shall neither be reestablished nor resume operation, and subsequent land uses shall conform to the general and zoning district regulations of this title. The lack of a valid city business license for the nonconforming use for a period exceeding twelve months shall be evidence of abandonment of use.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

If the building(s) or structure(s) in which a legal nonconforming use is located is damaged by fire, earthquake, explosion, or other force majeure not attributed to a purposeful act of destruction to an extent of more than fifty percent of the gross floor area of the structure(s), the use shall neither be continued nor be reestablished at that location. Exception: If the nonconforming use consists of residential dwellings in a commercial or industrial zoning district subject to approval of a conditional use permit, any dwellings may be rebuilt if doing so would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

B.

If the buildings or structures containing a legal nonconforming use are damaged by a purposeful act of destruction, the use may not be re-established.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Industrial, Commercial, and Other Nonresidential Developments.

1.

For industrial, commercial, and other nonresidential developments that are legally nonconforming only as to the regulations relating to off-street parking and loading facilities, such uses may be continued in the same manner as if the parking and loading facilities were conforming, except as needed to comply with Americans with Disabilities Act (ADA) and any applicable state or local disability access statute. However, such parking and loading facilities as do exist may not be further reduced with respect to number provided, dimensions, and any other relevant requirement.

2.

Any building addition or increase in the intensity of use of any building, structure, or premises shall provide parking for such addition or increase in intensity that conforms to the requirements of this title.

B.

Multi-family Residential Development. For any multi-family residential development that does not provide parking in compliance with the requirements this title, the following shall apply:

1.

On lots greater than nine thousand square feet in area and sixty-five feet in width, with residential dwellings with one parking space in a garage or carport, the square footage of any individual unit may be increased up to forty percent without requiring a second parking space in a garage or carport.

2.

For residential units with no parking spaces provided, any addition to a unit shall require provision of at least one parking space in a garage or carport or as a designated, uncovered space.

3.

Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010(D) below.

4.

On lots greater than nine thousand square feet in area and sixty-five feet in width, with residential dwellings with one parking space in a garage or carport, the square footage of any individual unit may be increased up to forty percent without requiring a second parking space in a garage or carport.

5.

For residential units with no parking spaces provided, any addition to a unit shall require provision of at least one parking space in a garage or carport or as a designated, uncovered space.

6.

Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010(D) below.

C.

Single-family Residential Units. For any single-family residence that does not provide parking in compliance with the requirements of this title, the following shall apply:

1.

For a residential unit with only one parking space in a garage or carport, the square footage may be increased up to twenty percent or five hundred square feet, whichever is less, without requiring a second parking space in a garage or carport.

2.

For a residential unit with no parking spaces provided, any addition to that unit shall require provision of at least one parking space in a garage or carport.

3.

Exceptions for accessory dwelling units and urban dwelling units shall apply as specified in Subsections 21.78.010(D) and 21.78.010(E) below, respectively.

D.

Accessory Dwelling Units. The parking provisions associated with accessory dwelling units as specified in Subsection 21.58.060(H) (Parking) shall apply with respect to accessory dwelling units and the associated primary structures.

E.

Urban Dwelling Units. The parking provisions associated with urban dwelling units as specified in Paragraph 21.65.050(F)8. (Parking) shall apply with respect to the urban dwelling unit and, as applicable, to the associated primary structures.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024; Ord. No. 1151 N.S., § 5(Exh. B, § 1), 11-19-2024)

Any fence or wall that is legally nonconforming with respect to height, materials, or absence where required shall be brought into compliance with the provisions of this title in the following circumstances:

A.

For single-family residential uses, a legal nonconformity is allowed to be maintained in all circumstances.

B.

For multi-family residential uses, the fence or wall shall be made to conform at the time of any increased density or additional of dwelling units on the premises.

C.

For commercial, industrial, or other nonresidential use, the fence or wall shall be made to conform at the time of any increased intensity of use of additional square footage exceed one thousand square feet on the premises.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Nonconforming Landscape Materials and/or Irrigation.

1.

Where a development or use in a nonresidential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of twenty-five percent of the gross square footage of all existing buildings.

2.

Where a development or use in a residential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of fifty percent of the gross square footage of all existing buildings.

B.

Nonconforming Landscape Screening. Where a development or use lacks required landscape screening or has landscape screening that does not conform to the requirements of this title, such landscape screening shall be brought into compliance at the time of any onsite physical expansion of a building(s).

C.

Removal or Abandonment of Turf. Removal or abandonment of turf that is not being used for active recreational purposes shall not be allowed to be replaced except as allowed by Section 21.56.030 (Turf Limitations for New Construction and Rehabilitated Landscapes).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

See Paragraph 21.82.010(B)2. (Nonconforming Lighting).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

See Section 21.52.100 (Nonconforming Signs - Copy Changes).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)