1. Description. Nonconformities, which are sometimes referred to as "legal nonconformities," are lots, uses and structures that were lawfully established but no longer comply with one or more requirements of this zoning ordinance because of the adoption of new or amended regulations. This chapter contains the regulations governing such situations.
2. Intent. Occasionally, lots, uses and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) have been made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map amendments or amendments to the text of this zoning ordinance) or because of other governmental action (e.g., through right-of-way acquisition). The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with "illegal" buildings and uses (those established in violation of applicable zoning regulations). The regulations of this chapter are also intended to:
   1. recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;
   2. promote maintenance, reuse and rehabilitation of existing buildings; and
   3. place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.
3. Authority to Continue. Any nonconformity that existed on the effective date specified in Section 24.01.020 or any situation that becomes nonconforming upon adoption of any amendment to this zoning ordinance may be continued in accordance with the regulations of this chapter unless otherwise expressly stated.
4. Determination of Nonconformity Status.
   1. The burden of proving that a nonconformity exists (as opposed to a violation of this zoning ordinance) rests entirely with the subject owner.
   2. The zoning administrator is authorized to determine whether adequate proof of nonconforming status has been provided by the subject owner.
   3. Building permits, zoning certificates, lawfully recorded plats, aerial photography owned by the city and other official government records that indicate lawful establishment of the use, lot or structure constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the applicant may submit and the zoning administrator may consider other forms of evidence to document nonconforming status. Examples of commonly available evidence include:
      1. professional registrations or business licenses;
      2. utility billing records;
      3. rent records;
      4. advertisements in dated publications;
      5. listings in telephone or business directories; and
      6. notarized affidavits affirming the date of lawful establishment of the use, lot or structure.
   4. Appeals of the zoning administrator's decision on nonconforming status determinations may be appealed in accordance with Section 24.16.110.
5. Repairs and Maintenance.
   1. Nonconformities must be maintained to be safe and in good repair.
   2. Repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless the work increases the extent of the nonconformity or is otherwise expressly prohibited by this zoning ordinance.
   3. Nothing in this chapter is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized order of a public official.
6. Change of Tenancy or Ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.
7. Exceptions. The zoning administrator is authorized to grant exceptions as appropriate in order to respond to external factors impacting construction, or as required by law.

1. Description. A nonconforming lot is a lawfully platted and recorded lot that does not comply with all applicable minimum lot area or lot width regulations of the zoning district in which the lot is located.
2. Use of Nonconforming Lots. A nonconforming lot may be used as a building site and developed with a use allowed in the subject zoning district.
3. Lot and Building Regulations.
   1. Development on nonconforming lots must comply with the lot and building regulations of the subject zoning district unless otherwise expressly stated.
   2. Nonconforming lots may not be adjusted in size or shape to create additional nonconformity or increase the degree of nonconformity for lot area, lot width, setbacks or other applicable lot and building regulations. Lot area or shape adjustments that do not increase the extent of nonconformity are allowed.

1. Description. A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also nonconforming uses.
2. Change of Use. A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established.
3. Expansion of Use.
   1. Except as otherwise expressly stated, a nonconforming use may be expanded into another part of the same building as that building existed on the date that the use became nonconforming, provided that the zoning administrator determines that such expansion:
      1. will not result in a violation of off-street parking or loading requirements; and
      2. will not result in the addition of floor area to the building to accommodate the use expansion.
   2. Nonconforming open-air uses may not be expanded beyond the area occupied when it became nonconforming.
4. Remodeling and Improvements. A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate the other regulations of this chapter.
5. Moving. A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation does not increase the extent of the nonconformity. A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.
6. Loss of Nonconforming Status.
   1. Abandonment.
      1. Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning district in which it is located.
      2. A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of one year or more.
      3. The presumption of abandonment may be rebutted upon showing, to the satisfaction of the zoning administrator, that during such period the owner of the land or structure has been:
         1. maintaining the land and structure in accordance with all applicable city requirements and did not intend to discontinue the use;
         2. actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or
         3. engaged in other activities that affirmatively prove there was no intent to abandon.
      4. Periods of discontinued use caused by government action, accidental fire or natural disaster are not counted in calculating the length of discontinuance.
   2. Change to Conforming Use. If a nonconforming use is changed to a conforming use, no matter how short the period of time, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.
   3. Accidental Damage or Destruction. When a building containing a nonconforming use is accidentally destroyed or damaged by causes that are not within the control of the property owner or tenant, the building and the use may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct the destroyed or damaged structure must be obtained within 18 months of the date of occurrence of such damage.
   4. Intentional Destruction. When a building containing a nonconforming use is intentionally damaged or destroyed by causes within the control of the owner and the extent of damage or destruction is more than 50% of the fair market value of the structure at the time of damage, based on information provided by the assessor's office, the use may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.
   5. Accessory Uses. No accessory use to a principal nonconforming use may continue after the principal nonconforming use has ceased.

1. Description. A nonconforming structure is any building or structure that was lawfully established but no longer complies with the lot and building standards of the zoning district in which it is located.
   1. Use. A nonconforming structure may be used for any use allowed in the district in which the structure is located.
   2. Alterations and Expansions. Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable lot and building standards and does not increase the extent of the nonconformity. A building with a nonconforming front setback, for example, may be expanded to the rear as long as the rear expansion complies with applicable rear setback standards and all other applicable lot and building standards. On the other hand, a multi-unit residential building that is nonconforming with regard to density (i.e., contains more dwelling units than allowed by the underlying zoning) may not be expanded to add additional dwelling units.
2. Moving. A nonconforming structure may be moved in whole or in part to another location only if the movement does not increase the extent of the nonconformity.
3. Loss of Nonconforming Status.
   1. Accidental Damage or Destruction. When a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the owner, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 18 months of the date of occurrence of such damage.
   2. Intentional Damage or Destruction. When a nonconforming structure is intentionally destroyed or damaged by causes within the control of the owner and the extent of damage or destruction is more than 50% of the fair market value of the structure at the time of damage, based on information provided by the assessor's office, the structure may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

(Ord. O-14-20, pt. VIII, 8-5-2014)

1. Description. A nonconforming development feature is any aspect of a development—other than a nonconforming lot, nonconforming use or nonconforming structure—that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more standards of this zoning ordinance. Common examples are off-street parking or loading areas that contain fewer spaces than required by current standards or otherwise do not comply with applicable regulations and sites that do not comply with current landscaping and screening requirements.
2. General. Nonconforming development features may remain except as otherwise expressly stated in this zoning ordinance, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this zoning ordinance.