Nonconforming uses and conditional uses are considered together in the same chapter because they both involve a review of uses which are not permitted outright in the underlying district. Expansion of nonconforming uses or the approval or expansion of conditional uses is presumed to have adverse neighborhood or city-wide impacts. If identified impacts cannot be mitigated effectively with conditions of approval, the review authority has the discretion to deny the use or the alteration or expansion of the use.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

Nonconforming uses, development and lots occur when a use, development or lot was lawfully established and maintained but subsequent changes to zoning maps or development regulations rendered the use, development or lot out of compliance with new regulations. A permit is not required to continue a lawful nonconforming situation; however, city approval is required to alter a nonconforming use or development per RDC 18.340.050.

B.

A nonconforming use is one that was lawfully established and maintained, prior to the effective date of the ordinance codifying or amending a zoning or development ordinance, and is not permitted, either outright or conditionally, in the zone in which it is located.

C.

A nonconforming development occurs when the use is currently allowed either as a permitted or conditional use in the applicable zoning district or as a nonconforming use, but elements of the physical improvements do not meet existing development code and engineering standards. Alterations of nonconforming development may be reviewed through the nonconforming use or site plan review processes or at the time of building permit approval.

D.

A nonconforming lot is a single lot, tract or parcel of land that was lawfully created and recorded with the county assessor's office but which does not meet the existing minimum or maximum lot area, lot width or lot depth standards. A nonconforming lot may be used for the purposes permitted by this title and is exempt from existing lot area, lot width and lot depth standards.

E.

Residential exception to nonconforming use status. Legally established residential uses located in any residential zoning district shall not be deemed nonconforming in terms of density provisions and shall be a legal use. Residential uses may be reconstructed if the use is destroyed by an act or omission of God, nature or person other than the owner, operator or developer at the same density as the original use, provided the reconstruction meets all other zoning and building codes in effect at the time of reconstruction.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1207, § 2(Exh. A), 5-26-2016)

A.

Conditional uses are governed by RDC 18.205. The planning director may determine that a proposed use, not expressly permitted outright in the underlying zone requires conditional use review if the proposed character and potential neighborhood or city-wide impacts warrant elevated review.

B.

Elevation of Conditional Use. A legally established use which is recognized as a conditional use under current zoning shall be deemed an approved conditional use. A proposal to alter or expand the use shall require conditional use and site plan review. The review shall consider the cumulative impacts of the existing use and the proposed alteration.

C.

Conditional Use Review.

1.

Approval of new conditional uses and major alterations of existing conditional uses are reviewed under Type III procedure. A major alteration involves two thousand square feet or more of gross floor area and results in an increase of twenty or more parking spaces within in a twelve-month period.

2.

Minor alterations to existing conditional uses may be approved under Type II review procedures. A minor alteration to an approved conditional use involves less than two thousand square feet of gross floor area and results in less than twenty more parking spaces within a twelve-month period. However, the planning director may require that a minor conditional use be reviewed under Type III procedures, upon a finding of potential significant adverse impact on the neighborhood or the city as a whole.

3.

New conditional uses, major and minor alterations are subject to site plan review per RDC 18.500.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

The planning director, through a Type II review process, shall determine whether the use or development is lawfully nonconforming consistent with 18.340.020.

1.

The burden of proving the existence of a lawful nonconforming use or development is on the applicant. Evidence sufficient to meet this burden includes building or zoning permits issued by the appropriate jurisdiction at the time the situation commenced. If the use pre-dates zoning, proof of the existence of the use or development, consistent with state law, is sufficient.

2.

The burden of proving that a nonconforming use or development has been continued without interruption, i.e., that it has not been abandoned or discontinued per subsection (E), is on the applicant. Sources of information relevant to this standard include, but are not limited to, historical documents such as telephone books, business or occupational licenses, city or county records, and utility records.

3.

A property owner or any interested party may apply for a determination of nonconforming situation status.

B.

Repairs. Repairs necessary and incidental to meeting requirements of law regarding building safety, including but not limited to the International Building Code, International Residential Code or International Fire Code, may be performed on a nonconforming building or structure even if such repairs do not meet the requirements of the district in which the building is located.

C.

Relocation. Nonconforming buildings or structures which are moved to another location either within the same district or in another district must conform to all the rules and regulations of the district to which it is moved.

D.

Destruction and Reconstruction of Nonconforming Uses and Development. If a nonconforming use or development is destroyed by an act or omission of God, nature or person other than the owner, operator or developer, the replacement or reconstruction of the use or development shall be reviewed under a Type II procedure.

1.

If the loss is less than seventy-five percent of the assessed value of property improvements, the structures associated with the nonconforming use or development may be rebuilt and used for their recognized nonconforming purpose, but they shall not be enlarged or used for other purposes. All new development must be in conformance with current fire and building codes, and shall be subject to site plan review. An application for a building permit must be filed within twelve months of the date such loss occurred.

2.

If the loss is greater than or equal to seventy-five percent of the assessed value of improvements on the property, lawfully nonconforming status shall be lost, and any new use or development on the subject property shall be in conformance with current regulations and policies.

E.

Discontinuance. The planning director, through a Type II process, may deem a nonconforming use discontinued if there is substantial evidence that the use has been discontinued for two years or more. Once deemed discontinued, a nonconforming use shall not be resumed.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1325, § 2(Exh. A), 9-24-2020)

A.

The city's policy is to reduce the impacts of nonconforming situations, whether through mitigation of impacts or through cessation of the use or through site improvements. A nonconforming situation may be altered when all of the following criteria are met:

1.

The alteration is not inconsistent with the goals and policies of the RUACP and RCFP;

2.

Mitigation measures will result in a net decrease in adverse impacts to neighboring properties, considering such factors as hours of operation, vehicle traffic, visual and olfactory impacts, noise impacts, and impacts on neighboring property values;

3.

Existing RDC and public works standards are met to the greatest extent reasonably practicable;

4.

The proposal complies with all applicable site plan review requirements;

5.

The alteration is for a use which is similar in character, or has fewer and less noxious impacts, than the proposed use;

6.

The proposal has no significant adverse environmental impacts which cannot be mitigated through conditions of approval;

7.

Alterations or modification to a nonconforming situation that retain the same degree of nonconformity or bring the site closer into conformance with current development standards are allowed. Proposed changes that would bring the site further out of compliance with the current site development standards shall be subject to the adjustment or variance process, as detailed in RDC 18.350.

B.

Alterations of a nonconforming use or development are also subject to the applicability standards of the underlying zone and other chapters of this title. Notwithstanding subsection (A)(7), nonconforming situations may be required to come into compliance with existing standards if the alterations meet the applicable development thresholds.

C.

An alteration of a nonconforming use or development shall be reviewed under the following procedures:

1.

Type I. If the planning director determines that the proposal increases operational characteristics or measureable impacts as listed in subsection (C)(4) by less than ten percent over the existing baseline, the alteration shall be reviewed under a Type I process.

2.

Type II. If the planning director determines that the proposal increases operational characteristics or measureable impacts as listed in subsection (C)(4) by 10 percent to twenty percent over the existing use or development baseline, the alteration shall be reviewed under a Type II process.

3.

Type III. If the planning director determines that the proposal increases operational characteristics or measureable impacts as listed in subsection (C)(4) by more than twenty percent over the existing use or development baseline, the alteration shall be reviewed under a Type III process.

4.

Applicants shall provide information documenting the proposed alteration's net change to the following aspects of the nonconforming situation, relative to the existing use or development baseline:

a.

Gross floor area;

b.

Area used for outdoor seating or storage;

c.

Number of parking spaces;

d.

Hours of operation;

e.

Number of employees;

f.

Vehicle traffic;

g.

Off-site impacts such as noise, glare, dust and emissions; and

h.

Other operational characteristics or measureable impacts, as determined by the planning director.

D.

Site Plan Review Required. Except for single-family residences, alterations of nonconforming situations are subject to site plan review.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

The city's policy is to mitigate the impacts of conditional uses through special conditions of approval. Where impacts cannot be mitigated effectively, the review authority shall deny the application. A conditional use may be approved or modified only when all of the following criteria are met:

1.

The use is listed as a conditional use in the master use table in RDC 18.205.020;

2.

Is suitable for the proposed site considering size, shape, location, topography, existence of improvements and natural features;

3.

Is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use;

4.

The location, size, and functional characteristics of the proposal are such that it can be made reasonable compatible with and have minimal impact on the livability and development opportunities in the neighboring area;

5.

Is not inconsistent with the applicable goals and policies of the RUACP and the purpose of the underlying zone;

6.

Complies with all applicable site plan review requirements; and

7.

Does not have significant environmental consequences when compared with other permitted uses in the underlying zone which cannot be mitigated through conditions of approval.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

The review authority may impose conditions of approval as necessary to protect the public interest, achieve compliance with the RUACP, or to mitigate any adverse impacts resulting from approval of uses or impacts subject to this chapter.

B.

A conditional use permit or nonconforming use or development approval shall expire within three years from the date the city issues the final decision unless within that time, the developer has obtained the necessary permits from the building department and there has been substantial construction activity pursuant to the required permits. If no construction is involved, then the approval shall be void after one year unless the permitted activity is regularly conducted on the premises. The burden of proving substantial construction or continued use for a year is on the applicant.

C.

The review authority, on its own motion, may initiate proceedings consistent with the procedures provided in RDC 18.395.050, Enforcement Procedures and Penalties, to revoke land use approval for noncompliance with the requirements of the title or conditions of approval listed in the final decision approving the conditional or nonconforming use or development.

D.

Decisions may be appealed consistent with the provisions of RDC 18.310.100, Appeal Procedure.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)