This chapter establishes uniform provisions for the regulation of legal nonconforming uses, structures, sites and parcels. Within zoning districts established by this code, there exist structures, land uses, site improvements, and parcels that were lawful prior to the adoption of this code, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this code or future amendments. It is the intent of this chapter to discourage the long-term continuance of nonconformities that have resulted in, or can be expected to result in, conflicts with surrounding uses, and to provide for their eventual elimination, while permitting certain nonconformities to exist under the limited conditions outlined in this chapter.

This chapter also recognizes that the investments made in developed property can be substantial and that provisions for the continuation or improvement of certain nonconforming uses or sites may be desirable, if it can be assured that the use of the property or structure does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned or underutilized structures cannot be used for their originally designed purposes.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

"Abandoned" means a use has ceased, or a structure has been vacated for a time period as specified in this chapter. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining or otherwise improving a facility.

"Intensity" means the measurable impacts which a use has on infrastructure, the environment or nearby property and uses. This includes but is not limited to increased impacts from/to traffic, water and air quality, noise, light and glare, and utilities.

"Intensification of use" means any change in mode or character of operations which is determined by the director as likely to result in a significant change of use, or new or increased impacts due to traffic generation, noise, smoke, glare, odors, hazardous materials, water or electrical use, and/or sewage generation, shall be considered an "intensification of use."

"Nonconforming parcel" means a parcel of record that does not comply with the access, area, depth or width requirements of the zoning district in which the parcel is located.

"Nonconforming site" means a site which contains a structure or other improvements which do not comply with the setback, lot coverage, or other site requirements and/or development requirements for parking, landscaping, storage and display areas, or other non-use restrictions or requirements established by the zoning ordinance or any amendments thereto, but which complied with the development standards in existence at the time of construction of the improvements.

"Nonconforming structure" means a structure which by its design and construction (e.g. an industrial building in a residential district) does not conform to the standards for structures typically associated with the underlying zoning district established by this title or any amendment thereto, but which complied with the development standards in existence at the time of the construction of the building or structure.

"Nonconforming use" means any use, whether of a building, structure, or parcel (lot or tract of land), which does not conform to the land-use regulations of this title for the zone in which such use is located, either on the effective date of this title or because of subsequent amendments which may be made to this title or by reason of annexation of territory to the city.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

A.

Continuation. Legal nonconforming uses may be continued provided that such use shall not be materially modified or intensified or be expanded to occupy a greater area than that occupied by the use at the time it became nonconforming, unless a use permit is approved in accordance with Chapter 17.92 of this code.

B.

Change in Use. Uses in an existing commercial or industrial building of five thousand (5,000) square feet or less in size may be changed to a different non-conforming use provided that the new use is of the same or a less intensive nature, and provided that in each case an administrative permit has been granted in accordance with Chapter 17.92. Uses in an existing commercial or industrial building larger than five thousand (5,000) square feet in size may be changed to a different non-conforming use provided that the new use is of the same or a less intensive nature, and provided that in each case a use permit has been granted in accordance with Chapter 17.92. Uses may be changed without bringing the site into full compliance with the provisions of this code subject to the following requirements and findings:

1.

Any threat to public health and safety and any blighting conditions which are existing or would result from the change in use are corrected prior to occupancy.

2.

The approving authority may require existing nonconformances on the site to be improved where such nonconformances may have adverse impacts to adjacent properties or the public generally. Such nonconformities may include, but are not limited to, a lack of screening of mechanical or other equipment; a lack of noise barriers or insulation, a lack of fencing or required landscape; installation of curb, gutter or sidewalk; installation of paved parking and/or correction of other nonconformances. The approving authority may establish a schedule for elimination of the site development nonconformances which does not exceed twenty-four (24) months and may require financial securities be provided to insure such nonconformances are corrected.

3.

The approving authority may establish, subject to the required findings and conditions of the discretionary permit, those nonconformances that cannot be remedied because the location of existing structures or the configuration of the site make such improvements physically infeasible.

4.

Exceptions. No use that involves the storage, use or generation of significant levels of hazardous materials, products or wastes, or which involve other activity that may be detrimental to public health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration, or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature.

C.

Abandoned. If a legal nonconforming use ceases for a continuous period of twelve (12) months or more, it may be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located unless a use permit is granted in accordance with Chapter 17.92 of this code.

D.

Damage or Destruction. Except as otherwise allowed pursuant to Section 17.090.020.B, if a legal structure associated with a nonconforming use is damaged by fire or other cataclysmic occurrence to an extent of more than fifty (50) percent of the replacement value thereof, the subsequent use of the land shall be in conformance with the regulations specified by this code for the district in which the land is located, unless a use permit has been granted in accordance with Chapter 17.92.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

A.

Continuation. Legal nonconforming structures may remain provided that such structure shall not be enlarged or altered to increase the discrepancy between existing conditions and the development regulations of the zoning district in which it is located, unless an administrative permit is approved in accordance with Chapter 17.92 of this code.

B.

Abandoned. If a legal nonconforming structure remains vacant for a continuous period of twelve (12) months, it may be considered abandoned and shall thereafter be removed or converted to a conforming structure unless a use permit is granted in accordance with Chapter 17.92 of this code. The presumption of abandonment may be rebutted upon a showing, to the satisfaction of the director that during such period, the owner of the structure:

1.

Has been maintaining it and the property and did not intend to discontinue the use; and

2.

Has been actively marketing the structure for sale or use; or

3.

Has been engaged in other activities evidencing an intent not to abandon the use.

Proof of use or occupancy of the structure may include business receipts, delivery receipt for reception of articles for the use at the location in question, rent or lease receipts, utility bills in the name of the legally operating nonconforming use, city business license receipt for the use at the location in question and other acceptable materials as determined by the approving authority.

C.

Damage or Destruction. If a legal nonconforming structure is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty (50) percent of the current replacement cost as verified by a written bid provided by a licensed contractor, it may not be restored except in full compliance with the regulations for the zone in which it is located, unless a use permit is granted in accordance with Chapter 17.92 of this code.

1.

Exceptions: See Section 17.90.060 (Residential structures in office, commercial or industrial zones) and Section 17.90.070 (Nonconforming multiple-family dwellings).

D.

Maintenance, Repairs and Rehabilitations. Ordinary maintenance and repairs may be made to any legal nonconforming structure where such structure is not abandoned as set forth in Section 17.090.30.B.

E.

A legally established nonconforming structure that has historic significance to the city may be utilized for its original intended use regardless of the land use designation of the property wherein it lies if a historic resource evaluation report has been prepared that confirms the historic significance of the structure, and subject to the planning commission's acceptance of the report and determination pursuant to a use permit that the reuse is compatible with surrounding land uses.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

A.

Continuation. Legal uses on legal nonconforming sites may continue provided that if the use or a structure on the nonconforming site is enlarged, increased, or substantially intensified as determined by the director, it does not increase the level of nonconformity or introduce a new nonconformity.

B.

Abandoned. If the use of a legal nonconforming site ceases for a continuous period of twelve (12) months, it may be considered abandoned. The subsequent use of the land shall require site modifications to bring the site into conformance with the regulations specified by this title for the district in which the land is located, unless a use permit is granted as in accordance with Chapter 17.92 of this code.

C.

Damage or Destruction. If a legal structure on a legal nonconforming site is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty (50) percent of the replacement value thereof, the restoration of such structure and site shall be in full compliance with the requirements of this title unless a use permit is granted in accordance with Chapter 17.92 of this code; or for residential structures, the provisions of Section 17.90.060 (Residential structures in office, commercial or industrial zones) or Section 17.90.070 (Nonconforming multiple-family dwellings) of this chapter apply. The commission shall consider the request in light of existing neighborhood characteristics, including the prevalence of other similar nonconformities within five hundred (500) feet of the property.

D.

Change of Use on a Non-conforming Site. Uses may be changed to a different use on a nonconforming site provided that the new use is of the same or a less intensive nature, and except as otherwise allowed pursuant to Section 17.090.020, the new use is an allowable use in the district where the property is located. Uses on legal nonconforming sites may be changed to a different use without bringing the site into full compliance with this code provided that the degree of nonconformity or the intensity of use as determined by the director is not increased, and subject to the following requirements:

1.

Any threat to public health and safety and any blighting conditions as determined by the director, which are existing or would result from the change in use shall be addressed prior to occupancy.

2.

Except as may otherwise be provided for in this chapter, any increase in the floor area of a principal building by ten percent or more shall require addressing existing nonconformances on the site, including, but not limited to, lack of screening of mechanical or other equipment; required landscape; lack of curb, gutter or sidewalk; lack of parking and/or other nonconformances, where such nonconformances as have adverse impacts to adjacent properties or the public generally. The approving authority may establish a schedule for elimination of the nonconformances which does not exceed twenty-four (24) months.

3.

The approving authority may determine those nonconformances that need not be remedied because the location of existing structures or the configuration of the site makes such improvements physically infeasible.

E.

Maintenance, Repairs and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure on a nonconforming site provided that the work does not create greater nonconformances.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

A.

Continuation. Nonconforming residential structures in residential, commercial or industrial zone may be continued as a residential use provided that no increase in the number of dwelling units or an increase greater than twenty-five (25) percent in total floor area, occurs. Where off-street parking or loading facilities do not conform to the provisions of this title, or where no such facilities have been provided for structures constructed prior to the effective date of this title, the structure shall not be altered or enlarged to create additional dwelling units or guest rooms, until the requirements for off-street parking and loading space have been complied with.

B.

Use Ceased by Damage or Destruction. Nonconforming residential uses destroyed by fire or other cataclysmic occurrence may be reestablished provided that:

1.

Reconstruction is consistent with building setback, height, parking and other relevant development regulations of the district where the property is located, provided that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded.

2.

A building permit for reconstruction is issued within twelve (12) months of destruction and reconstruction as determined by issuance of final occupancy approval is completed within twenty-four (24) months. This time frame may be extended by up to one year by the director with a showing of good cause.

If these standards cannot be met, the use may only be reestablished subject to approval of a use permit by the planning commission.

C.

Use Ceased by Voluntary Demolition. Nonconforming residential uses demolished for the purpose of reconstruction to achieve health and safety improvements as required by this code, or to eliminate blight may be reestablished subject to approval of an administrative permit by the director and provided that:

1.

Reconstruction is consistent with the development standards of the district where the property is located, except that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded;

2.

There is no increase in the number of units or in floor area except as required to meet health and safety standards;

3.

Approval of an administrative permit is gained prior to demolition of the existing structure(s); and

4.

A building permit for reconstruction is issued within twelve (12) months of destruction, and reconstruction as determined by issuance of final occupancy approval is completed within twenty-four (24) months of demolition.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

Multiple-family dwellings or dwelling groups (two or more attached or detached dwelling units on a lot) exceeding the allowable density of the district in which they are located, that are damaged or destroyed may be rebuilt with the same number of dwelling units provided that the following conditions are met:

A.

Two to Four Dwelling Units. Preexisting non-conformities shall not be increased beyond those existing prior to destruction of the dwelling(s).

B.

Five or More Dwelling Units. Rebuilding conforms to the parking, height, setback, open-space, and other provisions of this code for multiple family uses. A use permit is required if these standards cannot be met, but in no case shall any site non-conformities be increased beyond those that existed prior to destruction of the dwelling(s).

C.

A building permit for reconstruction is issued within twelve (12) months of destruction.

D.

To facilitate implementation of the policies of the housing element of the general plan, multiple-family dwellings or dwelling groups exceeding the allowable density of a district in which they are located may be substantially reconstructed or may be voluntarily destroyed and rebuilt if an administrative permit is approved for reconstruction of the units. The permit shall be subject to the following findings of fact:

1.

Reconstruction is consistent with the building setbacks, height and other applicable development regulations of the district where the property is located;

2.

The use will not be detrimental to the future residents of the structure;

3.

The provisions of subsection A or B of this section are met for any reconstruction;

4.

Approval of the use permit is sought prior to demolition of the existing structure(s).

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

A nonconforming parcel of record that does not comply with the access, area, depth or width requirements of the zoning district in which it is located shall be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce enough evidence to establish the applicability of one or more of the following:

A.

Approved Subdivision. The parcel was created through a recorded subdivision map, or a certificate of compliance has been issued.

B.

Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land-use regulation that made the parcel nonconforming.

C.

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Chapter 17.92) or resulted from a lot line adjustment in compliance with Title 16 (Subdivisions) of this code.

D.

Partial Government Acquisition. The parcel was created in compliance with the provisions of this code but was made nonconforming when a portion of the parcel was acquired by a governmental entity.

Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be further divided to reduce the building site area, setbacks, and/or frontage below the requirements of the zoning district where the property is located or in any way that makes the use of the parcel more nonconforming.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

Any lawful use existing at the time of adoption or amendment of this code in a zoning district that allows a use subject to the granting of a discretionary permit shall be deemed a legal conforming use for purposes of this chapter. Any expansion or change in the intensity of the use shall require a permit pursuant to Chapter 17.92 as specified in the district in which the property is located.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

Any use in existence by virtue of a permit issued in compliance with the regulations in effect at the time of application for any land-use activity which, under the new regulations is not allowable, may continue, but only in compliance with the provisions and terms of the original permit.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

Structures and uses that did not comply with the regulations in effect when the structures or uses were established are violations of this code. No right to continue occupancy of property containing an illegal structure or use is granted by this chapter.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)