Within the zones established by this title or by amendments which may later be adopted, there exist lots, structures, and uses of land or any combination thereof which were lawful before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this title. The council declares that nonconforming uses and structures are incompatible with permitted uses and structures in the zones involved and shall not be enlarged, expanded, or extended. Further, nonconforming uses and structures are intended to be eliminated as soon as practical.

(Ord. 336 § 8.01.000, 1977).

The passage and adoption of the ordinance codified in this title shall not be construed to make conforming a use of land, building, or structure which was nonconforming as determined by the regulations of any prior zoning ordinance of the city.

(Ord. 336 § 8.01.010, 1977).

Any use existing on the effective date of the ordinance codified in this title, which is listed as a conditional use in the zone wherein located, and for which a conditional use permit has not been granted, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in Chapter 17.70.

(Ord. 336 § 8.01.020, 1977).

The council may, after a hearing before the planning commission on the subject, cause a nonconforming use to become a conforming use upon the issuance of a conditional use permit generally as provided in Chapter 17.70. The council shall require such conditions as to make the use as nearly conforming to the zone as possible. In addition thereto, the council shall make a finding in writing that the nonconforming use as conditioned will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the use, or be detrimental or injurious to property and improvements in the neighborhood or of the general welfare of the city. In no instance can the council grant such a use permit unless the use is in conformity with the general plan.

(Ord. 336 § 8.01.030, 1977).

If the automobile parking space maintained on a lot in connection with a building or other structure at the time the ordinance codified in this title was adopted was insufficient to meet the requirements of this title, or where no parking space has been provided, the building or structure shall not be altered or enlarged to create additional dwelling use, seating capacity, floor area or guestrooms, as the case may be, unless additional automobile parking space is supplied and maintained to meet the requirements of this title for such additional dwelling units, seating capacity, floor area or guestrooms.

(Ord. 336 § 8.01.040, 1977).

In any residential zone, an existing structure used for residential purposes (and any accessory building) shall not be deemed nonconforming solely on the basis that one or more setbacks is insufficient; provided, however, that the insufficiency of any one setback does not exceed twenty-five percent of the setback as required by this title.

(Ord. 369: Ord. 336 § 8.01.050, 1977).

The nonconforming use of land where there are not structures may be continued, provided, however:

A.

Such use shall not be expanded or extended in any way either on the same or adjoining land;

B.

Such use shall not be changed, except to a use which conforms to the regulations of the zone in which such land is located;

C.

If such use is discontinued for a period of ninety days or more, whether or not there was the intent to abandon such use [, it may not be continued].

(Ord. 336 § 8.02.000, 1977).

The nonconforming use of land, where the structures are conforming, may be continued until:

A.

The use is declared a nuisance by the council or a court of competent jurisdiction; or

B.

The use is abandoned for ninety days, whether or not there was the intent to abandon such use.

(Ord. 347 (part): Ord. 336 § 8.03.000, 1977).

A nonconforming building or structure, where the use of land is conforming, may be maintained or repaired; provided, that for any period of twelve consecutive months such repair and maintenance shall not exceed twenty-five percent of the current replacement costs of the nonconforming building or structure.

(Ord. 336 § 8.04.000, 1977).

A building or structure which is nonconforming because of its location on the lot shall not be added to or enlarged unless such nonconforming building or structure and the addition and enlargements thereto are all made to conform to the regulations of the zone in which it is located.

(Ord. 336 § 8.04.010, 1977).

A nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot in which it is presently located unless, as a result of the move, the building or structure conforms to the regulations of the zone in which it will be located after the move.

(Ord. 336 § 8.04.020, 1977).

A nonconforming building or structure which is damaged or partially destroyed by any reason to the extent of not more than fifty percent of its value at that time, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction, may be continued or resumed; provided, that the total cost of such restoration does not exceed fifty percent of the value of the building or structure at the time of such damage and that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds fifty percent of the value of such nonconforming building or structure, no repairs or construction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located. The value shall be determined by the building inspector in accordance with the provisions of the Uniform Building Code.

(Ord. 336 § 8.04.030, 1977).

A nonconforming use of land, with nonconforming buildings, shall terminate as follows:

A.

When declared a public nuisance by the council or a court of competent jurisdiction; or

B.

When abandoned for a period of ninety days, whether or not there was the intent to abandon such use.

(Ord. 347 (part): Ord. 336 § 8.05.000, 1977).

Except where ordered by the building inspector to protect the health and safety of the occupant, there shall be no addition, alteration, or repair of any building or structure where the use of land and the structure are both nonconforming.

(Ord. 336 § 8.05.010, 1977).

Grandfathering Clause. All units within the definition of "accessory dwelling unit" in Section 17.04.015 or "junior accessory dwelling unit" in Section 17.04.275 existing on the effective date of this section shall be deemed legal uses for purposes of Title 17 of this code.

(Ord. 514 § 17, 1984).

(Ord. No. 1124, § 8, 3-10-2020)

Editor's note— Ord. No. 1124, § 8, adopted March 10, 2020, changed the title of § 17.62.150 from "Existing second unit" to read as herein set out.