A.

This section addresses nonconforming uses, nonconforming structures, nonconforming lots and sites, and grandfathered uses, and the extent to which property owners have a right to continue such uses, structures, lots and sites. Whether a use is nonconforming or grandfathered is identified in the Matrix: Use Permissions and Parking Requirements. If a lawfully established use is not identified in the matrix and is not a lawful use in the zoning district in which it is located, but was lawful when the use commenced, it shall be deemed to be a grandfathered use.

B.

The term "nonconforming" means that a use, structure, lot or site was lawful when the use commenced, the structure was constructed, or the lot or site was established but became unlawful by the adoption or amendment of this chapter, or of earlier regulations, or of earlier regulations in effect when these regulations were adopted.

1.

Nonconforming uses are uses not allowed in a zoning district.

2.

A structure, lot or site becomes nonconforming if the size, building setbacks, parking, or other characteristic does not comply with a requirement of this chapter. A structure, lot or site may become nonconforming by some other act of the government such as, but not limited to, taking less than all of a property through the exercise of eminent domain.

3.

These regulations permit nonconformities to continue until they are removed by economic or other forces. These regulations do not encourage the survival of nonconformities and do not allow nonconformities to be enlarged upon, expanded, or extended. Existing nonconformities shall not be used to justify the addition of new uses or structures prohibited in the district.

C.

The term "grandfathered" means that a use was lawful when the use commenced but became unlawful by the adoption or amendment of this chapter, or of earlier regulations in effect when these regulations were adopted. When the number of dwelling units on a property exceeds the maximum allowed by the zoning district, the number of dwelling units which exceed the maximum allowed are grandfathered. The term "grandfathered" does not apply to a nonconforming structure, lot or site.

1.

A grandfathered use is distinguished from a nonconforming use in that a grandfathered use has been found to have a degree of compatibility with uses allowed in the zoning district.

2.

These regulations allow grandfathered uses to continue and to expand on site until they are removed by economic or other forces. Exiting grandfathered uses shall not be used to justify the addition of new uses prohibited in the zoning district.

3.

When the Matrix: Use, Permissions and Parking Requirements provides that an accessory use is allowed in a zoning district, this would apply to new uses established in a zoning district. Any existing principal use (as of the adoption of these Land Development Regulations) shall be a grandfathered use if it meets the definition of "grandfathered."

D.

The term "abandoned" means:

(a)

For a grandfathered use, a use that has lost its grandfathered status because it meets one or more of the following conditions:

(1)

Not occupied due to violations of building, nuisance, or other public health, welfare, and safety codes for a continuous period of one year or for intermittent periods amounting to one year or more within any two-year period.

(2)

Not occupied for a continuous period of two years. For residential units and uses, such occupancy must be as a tenant or owner and may not be incident to the occupant's employment as caretaker or security person for the property.

(3)

No business tax receipt has been issued for the property or the unit that is the subject to abandonment for a continuous period of two years or for intermittent periods amounting to two years or more within any three-year period.

(b)

For a nonconforming use, a use that has lost its nonconforming status meets one or more of the following conditions:

(1)

Not occupied due to violations of building, nuisance, or other public health, welfare, and safety codes for a continuous period of one year or for intermittent periods amounting to six months or more within any 18-month period.

(2)

No business tax receipt issued to the property for a continuous period of one year or for intermittent periods amounting to one year or more within any two-year period.

(3)

Not occupied for a continuous period of one year.

(c)

For purposes of this definition, the term "intermittent period" means any continuous period of at least six months where:

(1)

City-furnished utilities are discontinued;

(2)

Utility payments are delinquent; or

(3)

The combination of subsections (1) and (2) of this section occur.

(Code 1992, § 16.60.030.1; Ord. No. 876-G, § 28, 2-21-2008; Ord. No. 985-G, §§ 91, 92, 7-15-2010)

A.

Single-family districts. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of these regulations, a single-family dwelling and customary accessory structures may be erected on any lot of record, except as provided herein, so long as it complies with the other regulations for the district in which such lot is located. This provision applies even though such lot fails to meet the requirements for area or width, or both, that generally apply to the district.

B.

Nonconforming lots in common ownership. When the City's property card, property deeds or the county's tax parcel identification number indicates that a parcel of property that has defined boundaries, and is or becomes under common ownership on or after the date of adoption this ordinance (September 17, 2015), and consists of more than one lot of record, and one or more of such lots is undeveloped the parcel is not divisible into separate buildable lots unless:

1.

Each existing structure meets the current requirements for setbacks from the boundary lines of the lot of record upon which the structure is located and from the boundary lines of the buildable lot to be created, or a variance from such requirements has been approved; and

2.

All of the resulting parcels of property meet the current minimum lot area and dimensional requirements of the zoning district or a variance from such requirements has been approved.

The division of combined lots of record which creates a substandard lot or setback causes each lot of record formerly under common ownership to be a violation of this chapter. No development permits shall be issued for any of the affected lots of record until the violation is corrected. A variance to lot area and/or dimensional regulations must be obtained for each nonconforming lot of record formerly under common ownership subject to this section before an affirmative buildable lot determination can be made by the POD.

3.

The POD may administratively approve an application for development which otherwise complies with the land development regulations on a platted lot when:

a.

Eighty percent or more of the lots on the subject block and any lots on the surrounding block faces which block faces are wholly or partially within 500 feet of the subject lot, are also substandard for width and/or area, (this calculation shall not consider or include any lots which are across a major street or are in a different zoning district), or

b.

The nonconformity is equal to or less than five percent of the required width and/or area.

C.

Lots without subdivision improvements. For any nonconforming or conforming lot, whether platted or unplatted, no development permit shall be issued unless public improvements have been provided to service the lot in accordance with the subdivision section.

(Code 1992, § 16.60.030.2; Ord. No. 194-H, § 1, 9-17-2015; Ord. No. 287-H, § 28, 7-20-2017)

1.

Nonconforming uses of land not involving structures, or involving structures which occupy ten percent or less of the area of the lot or have a replacement value of ten percent or less of the combined value of the lot and structures, may be continued subject to the following limitations: No such use shall be extended to occupy a greater area, nor to occupy any other portion of the premises, than was occupied at the time the use became nonconforming.

2.

No habitable structure shall be added on land occupied by a nonconforming use.

3.

If the nonconforming use is abandoned or replaced by a conforming or grandfathered use, the nonconforming use shall not be reestablished.

(Code 1992, § 16.60.030.3)

A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No structure may be enlarged, altered or changed in a way which increases its nonconformity. An addition to a nonconforming structure may be made, provided the addition meets the requirements of this chapter.

2.

Should a nonconforming structure be damaged by any means to an extent of more than 75 percent of the current replacement value, it shall not be reconstructed or repaired except in conformity with the provisions of this chapter. If a nonconforming structure may be reconstructed, any variance previously approved by the City shall be valid if the structure is reconstructed consistent with the site plan approved with the variance. If reconstruction is proposed that is different from the original site plan, the POD shall determine whether the difference is material and whether the need for granting the original variance still exists. If not, the owner must request a new variance.

3.

Should a nonconforming structure be moved for any reason for any distance, it shall conform to the requirements of this chapter for the district in which it is located after it is moved.

(Code 1992, § 16.60.030.4)

A nonconforming use of a structure or structures occupying more than ten percent of the area of the lot or having a replacement value of more than ten percent of the combined value of the lot and structures, may be continued subject to the following provisions:

1.

The use must remain lawful in all other respects.

2.

No existing structure or structure and premises devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted or grandfathered in the district in which it is located.

3.

If a nonconforming use of a structure, or structure and premises, is abandoned, the use of the structure and premises shall thereafter conform to the regulations for the district in which the structure is located.

4.

If a structure and the use of the premises are nonconforming, the nonconforming use shall not continue if the structure is removed or destroyed, whether the removal or destruction is voluntary or otherwise. In such an event:

a.

All uses shall conform to the regulations of the district in which the property is located; and

b.

The nonconforming use shall not be reestablished.

5.

If a nonconforming use of structure, or structure and premises, is changed to a conforming or grandfathered use, the nonconforming use shall not thereafter be reestablished.

6.

If a nonconforming use involves operation of equipment or machinery, such equipment or machinery may be replaced, provided, however, that the new equipment or machinery shall comply with such performance standards as may be established for the district.

7.

Should a structure containing a nonconforming use be damaged by any cause to an extent of more than 75 percent of the current replacement value, it shall not be reconstructed or repaired except in conformity with the provisions of this chapter.

(Code 1992, § 16.60.030.5)

A use of land which is nonconforming because of noncompliance with the regulations for the district in which the property is located (including, but not limited to: obtaining required site plans, parking, landscaping, green yards, impervious surface area, and building setbacks) may be continued so long as the use remains otherwise lawful, subject to the following provisions:

1.

Except for redevelopment activity that satisfies the requirements of the following subsection 2 of this section, changes to existing site improvements which result in the reduction of a nonconformity, but do not achieve full compliance with Land Development Regulations, shall be allowed and shall not require any variances. Any site which reduces any nonconformity shall not be allowed to reestablish the reduced portion of the nonconformity and shall meet the following requirements:

a.

Green yards, each a minimum of three feet in width, shall be installed.

b.

Impervious surface ratios shall be reduced by a minimum of five percent.

c.

Parking shall be increased by a minimum of 25 percent of the deficient number of parking spaces, up to the amount required for the use.

2.

All redevelopment shall comply with the landscaping requirements of the landscaping section.

3.

New habitable structures or additions thereto shall comply with all requirements of this chapter.

(Code 1992, § 16.60.030.6)

Grandfathered uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

1.

A structure devoted to a grandfathered use may be expanded. Expansions shall conform to all requirements effective at the time of expansion, and provide all required parking on site. No additional dwelling units or expansion of residential capacity (e.g., nursing and retirement homes) are allowed.

2.

Change of use to grandfathered use of equal or lesser intensity.

a.

Any grandfathered use of a structure, or structure and premises, may be changed to any other use which would be grandfathered in that district provided that the proposed use is of equal or lesser intensity than the existing grandfathered use and is approved by the POD. Factors used to determine intensity of use shall include traffic generation, service use (loading, unloading, and delivery activity), adverse impacts such as odors and noise, resident or client base, and hours of operation.

b.

If the proposed use is a special exception use in the zoning district and is of equal or lesser intensity, the POD may permit the change, subject to conditions based on compliance with this chapter.

c.

The POD shall provide written and posted notice prior to making a decision. Decisions of the POD may be appealed to the Development Review Commission.

3.

If a grandfathered use of a structure, or structure and premises, is abandoned, the use of the structure or structure and premises shall thereafter conform to the regulations for the district in which the structure is located unless reinstated pursuant to this chapter. For a multi-tenant property, this provision applies if the grandfathered use of the entire structure is abandoned. Maintenance of grandfathered status for any portion of the structure shall be sufficient to maintain the grandfathered status for the entire structure.

4.

Where a grandfathered use of structure, or structure and premises in combination, is changed to a conforming use, a grandfathered use shall not thereafter be reestablished. For multi-tenant, nonresidential properties, this provision applies to the actual space where the grandfathered use was located and not to the entire property.

5.

Should a structure housing a grandfathered use be destroyed or demolished, the structure may be reconstructed, pursuant to a redevelopment plan approved pursuant to this chapter, in compliance with the requirements of the district in which it is located.

(Code 1992, § 16.60.030.7; Ord. No. 985-G, §§ 93, 94, 7-15-2010; Ord. No. 100-H, § 3, 12-19-2013)

Repairs and maintenance of structures which house nonconforming and grandfathered uses are permitted. Nothing in this chapter shall be deemed to prevent the strengthening or restoring of any building or part thereof to a safe condition.

(Code 1992, § 16.60.030.8)

Notwithstanding other provisions of this chapter, certain uses have been declared by prior ordinance to be prohibited, with existing prohibited uses to be discontinued after a specified period of time. These regulations shall not be construed as amending such ordinances.

(Code 1992, § 16.60.030.9)