This chapter acknowledges and deals with nonconforming structures, uses, and lots. The standards and regulations of this code embody the city's vision for the future development of the city. It is the intent of this code that non-conformances be allowed to continue but that with future development, be brought into conformance with the standards and regulations.

(Ord. No. 1430, § 44, 5-7-2025)

Except as otherwise provided in this chapter, non-conforming developments and premises occupied by non-conforming uses may be repaired and maintained without restriction.

(Ord. No. 1430, § 44, 5-7-2025)

A.

Discontinuation of Use. If a non-conforming use is discontinued for more than one year, or superseded by a conforming use, the non-conforming use shall not be resumed. Any subsequent use shall conform to the underlying zoning district.

B.

Expansion. Except for single unit detached dwellings, a non-conforming use shall not be extended into a different or greater area of a lot. Single unit detached dwellings that are non-conforming uses may be enlarged as long as the dimensional requirements of the general residential zone (R-G) are met.

C.

Accessory dwelling units (ADUs) are allowed in conjunction with a pre-existing non-conforming single-unit detached dwelling as long as the dimensional requirements of the general residential zone (R-G) are met.

D.

Non-conforming dwelling units that are destroyed may be rebuilt within two years as long as the dimensional requirements of the general residential zone (R-G) are met or the footprint of the structure is unchanged within the property boundaries.

(Ord. No. 1430, § 44, 5-7-2025)

A.

Restoration or Reconstruction. If a nonconforming structure is destroyed by any cause, the structure may not be rebuilt. A Class B variance is necessary to repair or rebuild a significantly damaged nonconforming structure.

B.

Alteration. Non-conforming structures may be altered or enlarged provided the addition or alteration is no more nonconforming than the existing structure. If the addition or alteration is within the required side or rear setbacks, the applicant shall present a written statement from the Fire Chief that the expansion will not cause a fire or safety hazard.

(Ord. No. 1430, § 44, 5-7-2025)

A.

A vacant non-conforming lot of record may be built upon. Future development shall meet the current development standards unless a variance is granted.

B.

Built Nonconforming Lots. A structure on a nonconforming lot may be expanded or altered provided those changes can meet all the setback and development standards.

(Ord. No. 1430, § 44, 5-7-2025)

Nothing contained in this ordinance shall require any change in the plans, construction, alteration, or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of this ordinance, except that if the designated use will be nonconforming it shall, for the purpose of Chapter 17.56, be a discontinued use if not in operation within one year of the date of issuance of the building permit.

(Ord. No. 1430, § 44, 5-7-2025)