(1) Definition. A nonconforming use is a use that was once allowed by applicable land use regulations, but is no longer allowed due to the passage or later change of this Title, or where applicable of prior land use regulations of the City.

(2) Continuation. Except as allowed in subsection (3) of this section, a nonconforming use can continue, but it cannot be changed or altered in any way unless specifically permitted. The building it is located in cannot be expanded or extended, such as by adding square footage, increasing the building’s height, or adding accessory buildings. However, changes to the nonconforming use, like hiring more employees, adding better equipment, extending hours of operation, or other changes that increase the use, are allowed. These changes do not require a conditional use permit.

(3) Nonconforming Single-Family Dwellings in the C2 and C3 Districts. Nonconforming single-family dwellings in the C2 and C3 districts may be enlarged or expanded; provided, that the setback requirements for residences in the R4 zoning district are observed.

(4) Lapse of Time.

(5) Conditional Uses. A legal use doesn’t become nonconforming if the zoning district changes to one where a conditional use permit is required for that use. However, the use cannot be changed, and the building cannot be expanded or altered without first getting a conditional use permit. Any use that was legally in place before the effective date of this Title or its amendments, and is allowed under a conditional use permit in the new zoning district, will be treated as a conditional use without needing to apply for a permit. However, if the use is expanded or altered, it must follow all rules for conditional uses.

(6) Conversions. A nonconforming use may be converted to another nonconforming use if the Hearing Examiner issues a conditional use permit for the conversion, pursuant to the procedures of Chapter 17.125 PCC. The Hearing Examiner may issue such a conditional use permit only after finding that:

In cases involving the conversion of nonconforming uses, it is not necessary for the Hearing Examiner to make the findings as described in PCC 17.125.020 in addition to the findings required by this subsection. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §8, 2022; Ord. 87-9 §1, 1987).

(1) Definition. A nonconforming building or structure is one that was once allowed by applicable land use regulations, but no longer would be allowed, due to the passage or later change of this Title or, where applicable, prior land use regulations of the City.

(2) Continuation. A nonconforming building or structure may be continued, but it may not be altered, enlarged, or extended unless this alteration, enlargement, or extension fully conforms with existing standards. The term “enlarged and extended” means the enlargement of a building or structure by increasing square footage, increasing building or structure height, or the extension thereof by the addition of accessory buildings or structures or other similar extensions.

(3) Value. The value of a nonconforming building or structure will be determined from the International Code Council (ICC) building valuation data tables in use on the date the damage occurs. The owner of a damaged building or structure may obtain an independent appraisal. Any discrepancies as to value between the two (2) appraisals will be referred to the Hearing Examiner for resolution.

(4) Maintenance and Alterations.

(5) Damage and Reconstruction.

(1) Definition. A nonconforming lot is one that was once allowed by applicable land use regulations but is no longer allowed, due to the passage or later change of this Title or, where applicable, prior land use regulations of the City.

(2) Continuation.

(3) Lot Line Adjustments. When an existing lot is subdivided or is the subject of a lot line adjustment, the new lot lines will not make any existing improvements nonconforming to the regulations of this Title. (Ord. 25-08 §1 (Att. A), 2025; Ord. 03-33 §6, 2003; Ord. 87-9 §1, 1987).