A.

It is the purpose of this chapter to provide regulations governing lots, buildings, structures and the uses thereof, which were lawful prior to the enactment of this title, or amendment thereto, but which are prohibited, regulated or restricted under the provisions of this title.

B.

It is the intent of this chapter to permit these buildings, structures and uses to continue, but not to encourage their prolonged existence. Because such nonconforming lots, buildings, structures and uses prevent the full realization of the goals and objectives of this title, the spirit of this title is to reduce and eliminate such nonconformance. The standards of this chapter are intended to accomplish the following:

1.

Terminate and remove any use, building, structure or any combination thereof established after the effective date and in violation of this title. Such uses, buildings or structures are classified as a nuisance and shall not receive any of the rights, privileges or protection granted by this chapter for legal nonconformities.

2.

Eliminate nonconforming uses which are considered to be incompatible with permitted uses, or encourage redevelopment into a more conforming use.

3.

Permit legal nonconforming buildings, structures or uses to remain until they are discontinued or removed.

4.

Encourage the upgrade of residential neighborhoods through bringing nonconforming residential structures more into compliance with this chapter.

5.

Encourage a gradual upgrading to a more conforming status of site landscaping, parking, paving, signage, access, pedestrian circulation or other features of a site which were developed in compliance with the standards at the time of their construction, but which do not meet the site standards of this title and its amendments.

6.

Encourage the combination of contiguous nonconforming lots of record to create lots which conform to current standards, are compatible with other lots in the zoning districts, to promote the public health, safety and welfare and to eliminate problems associated with the over crowding of land.

C.

Nonconforming lots and structures are typically those established prior to the current zoning standards. The city intends to allow continued use of these lots and structures in certain cases. Accordingly, this chapter establishes regulations that govern the completion, restoration, reconstruction and expansion of nonconforming structures which do not increase the nonconforming situation.

D.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has been diligently carried on. Actual construction is defined to mean that the property owner has begun substantial construction under a lawfully issued building permit.

(Ord. 08-05 § 1 (part), 2008)

A.

Use of Nonconforming Lots. Any lot of record existing at the effective date of the ordinance codified in this chapter that now fails to meet the requirements for area or width, or both, that are generally applicable in the district shall be considered a nonconforming lot. A principal building and customary accessory buildings for a permitted use may be erected on any nonconforming lot of record, provided all other standards of this title are met, such as setbacks, minimum floor area, maximum height and access requirements.

B.

Variance to Area and Dimensional Requirements. If the use of a nonconforming lot requires a variation in minimum floor area or dimensional (minimum setback and maximum height) standards, then the use shall be permitted only if a variance is granted by the zoning board of appeals.

C.

Nonconforming Contiguous Lots Under the Same Ownership. The following regulations shall apply to nonconforming contiguous lots under the same ownership. The intent of these regulations is to ensure that development of nonconforming lots will not overbuild the lots, result in a development pattern or structures that are out of character with the surrounding neighborhood, diminish access to open space, sunlight, and views for existing residences and will be in accordance with the residential density planned for in the city master plan.

1.

If two or more lots or combination of lots with contiguous frontage are or have been under single ownership are of record at the time of adoption or amendment of this title, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an individual parcel for the purposes of this chapter, except as provided in subsection (C)(4) of this section. The lots must be combined prior to receiving a building permit for any construction activity, including additions, renovations or new construction.

2.

No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this title.

3.

Any combination, in whole or in part, of nonconforming lots of record shall result in lots that conform to the requirements of this title to the maximum extent feasible. Any altering of lot lines or combination of lots shall result in lots that conform to the requirements of this title. Once any combination that creates a conforming lot occurs, the resulting lot shall not retain nonconforming lot of record status and will hereafter be required to comply with the lot requirements of this title.

4.

Where an individual owns two or more contiguous nonconforming lots, the lots may be sold or developed as separate individual lots only where each individual lot has an area and width equal to or greater than the median area and width of all developed lots within seven hundred fifty feet. The seven-hundred-fifty-foot dimension shall be measured from the perimeter of the applicant's lots and shall include all lots or portions of lots within seven hundred fifty feet, but shall only include lots that are within the same zoning district. Where there are multiple lots developed with a single dwelling, these lots shall be considered a single combined lot for calculation of median area and width. Multiple contiguous vacant lots under the same ownership shall be considered a single combined lot for calculation of median area and width. The applicant shall provide a map and calculations to certify the median lot area and width.

(Ord. 08-05 § 1 (part), 2008)

A lawful use of a building, land or of a building and land in combination, that existed prior to the effective date of the ordinance codified in this title, or amendment thereto, that is made no longer permissible under the provisions of this title, as enacted or amended, shall be considered a nonconforming use. These nonconforming uses may be continued so long as they remain otherwise lawful, subject to the following limitations, unless otherwise approved by the zoning board of appeals:

A.

Not Increased. Nonconforming uses shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.

B.

Not Expanded. The existing structure devoted to a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located. The addition of a second story on an existing nonconforming structure shall be considered an expansion, subject to Section 18.20.040(B).

C.

Not Expanded Outside Original Structure. Any nonconforming use shall not be extended to occupy any land outside the structure or outside the original foundation.

D.

Not Moved. Nonconforming uses shall not be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this title.

E.

Change in Use of a Structure. If no structural alterations are made, any nonconforming use of a structure may be changed to another nonconforming use, provided that the ZBA first finds that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use. In permitting such change, the ZBA may require appropriate conditions and safeguards in accordance with the purpose and intent of this title.

F.

Change to a Permitted Use. Where there is a change in use to a structure or land resulting in a nonconforming use being superseded by a permitted use, the use shall thereafter conform to the regulations for the zoning district, and the nonconforming use may not thereafter be resumed.

G.

Not Reestablished if Abandoned. A nonconforming use that is abandoned for a period of six months or more shall not be reestablished. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exist, and which shall be deemed to constitute intent on the part of the property owner to abandon the nonconforming use:

1.

Utility services, such as water, gas and electricity to the property, have been discontinued;

2.

The property, buildings, or grounds have fallen into disrepair;

3.

Signs or other indications of the existence of the nonconforming use have been removed;

4.

Removal of equipment or fixtures which are necessary for the operation of the nonconforming use;

5.

Other actions which, in the opinion of the building official, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use;

6.

Those alleged nonconforming uses which cannot be proven to have legally existed prior to the effective date of this section shall be declared illegal and shall be discontinued following the effective date of this section.

H.

Removal of Structure. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. 08-05 § 1 (part), 2008)

A.

Nonconforming Buildings and Structures. A lawful building, or structure that existed prior to the effective date of the ordinance codified in this title, or amendment thereto, that is made no longer permissible under the provisions of this title, as enacted or amended, by reason of restrictions on setbacks, lot coverage, height, or other characteristics of the building, or structure or its location on the lot, shall be considered a nonconforming building or structure. These nonconforming buildings and structures may be maintained so long as they remain otherwise lawful, subject to the following limitations:

1.

Nonconforming buildings and structures may not be enlarged or altered in a way that increases its nonconformity within the provisions of this chapter, except for residential buildings as provided for in subsection B of this section, unless otherwise approved by the zoning board of appeals.

2.

Should a nonconforming building or structure be destroyed by any means to an extent greater than one-half of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

3.

Should a nonconforming building or structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

4.

Should a nonconforming building or structure be altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then the nonconforming characteristics shall not be later reestablished or increased.

B.

Expansion of Nonconforming Residential Buildings. A nonconforming residential building may be expanded, provided the expansion will meet required setbacks and other dimensional and building code requirements. (Example: a home with a nonconforming front yard setback may be expanded in the rear so long as the rear yard setback remains conforming and maximum lot coverage is not exceeded). The building official shall utilize the following standards:

1.

The expansion does not extend closer to the lot line than any existing, nonconforming part of the structure.

2.

The addition does not extend beyond the predominant existing building line along the same block.

3.

The addition retains compliance with all other setback, lot coverage, and height requirements. An additional story may only be added to the portion of the building that is conforming.

4.

The addition will meet all minimum building code requirements.

5.

The resultant addition, in terms of dimensions and design, would be compatible with the established character of the neighborhood.

6.

The design of the addition must be compatible with the existing structure and not detract from the appearance of the site.

The expansion of a residential building with a nonconforming yard, not meeting the requirements above, shall be prohibited unless a variance is granted by the zoning board of appeals.

(Ord. 08-05 § 1 (part), 2008)

A.

Restrictions on Damage Replacements Exceeding One-Half of Value. In the event that any nonconforming structure is damaged by any means or in any manner to the extent the cost of reconstruction or restoration exceeds one-half the value of the structure prior to the damaging occurrence as determined by the most recent assessment of the market value of the structure, exclusive of the market value of land, reconstruction or restoration shall only be permitted in conformity with the provisions of this title, except as otherwise provided herein.

B.

Restrictions on Damage Replacements Less Than or Equal to One-Half of Value. In the event that any nonconforming structure is damaged by any means or in any manner to the extent the cost of reconstruction or restoration is equal to or less than one-half the value of the structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, exclusive of the market value of land, reconstruction or restoration shall be permitted, provided a building permit for reconstruction or restoration is issued within one year of the occurrence of such damage.

C.

Reconstruction of a Fire Damaged Residential Structure. In the event a nonconforming residential structure is damaged by fire or natural cause, a residential structure may be reconstructed on the same foundation, provided the first floor footprint and the total floor area does not exceed the size of the previous residence.

D.

Repairs, Improvements and Modernization. Repairs, improvements, or modernization of nonconforming buildings or structures shall be permitted, provided such repairs or improvements do not exceed one-half of the value of the building or structure during any period of twelve consecutive months. This cost/value calculation shall not include any costs associated with modernization of electrical, plumbing, heating or cooling systems to meet building code requirements.

E.

Safe Condition of Building. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 08-05 § 1 (part), 2008)

A.

Intent. The intent of this section is to permit improvements and minor modifications to a conforming use and building which does not meet all of the various site improvement related regulations of this chapter. The purpose is to allow gradual compliance with the site related requirements, for the entire site, for sites which predate the various zoning ordinance standards for landscaping, paving and other non-safety site related items.

B.

Permitted. Such improvements or expansions may be permitted by the planning commission during site plan review without a complete upgrade of all site elements under the following conditions:

1.

The applicant is proposing reasonable site improvements on the overall site in relation to the scale and construction cost of the building improvements or expansion.

2.

The applicant has addressed safety related site issues on the overall site.

3.

For landscaping, the applicant shall bring the site toward conformity at twice the rate of building or parking lot expansions (for example, a five percent building expansion will provide at least ten percent of the required landscaping).

4.

The improvements or minor expansion will not increase noncompliance with site requirements.

5.

All driveways that do not conform with the access standards of this chapter shall be eliminated, provided that the minimum reasonable access shall be maintained, as determined by the standards of Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.

(Ord. 08-05 § 1 (part), 2008)

Where a nonconforming front yard setback, parking lot setback or greenbelt is created as a result of additional road right-of-way width being acquired by a road agency, the building or parking lot may be improved or expanded without the need to obtain a variance from the zoning board of appeals, provided the following conditions are met:

A.

The building or parking lot complied with the front yard setback prior to the acquisition of the additional road right-of-way.

B.

The building or parking lot expansion will not reduce the depth of the front yard setback.

C.

All other ordinance requirements are met and necessary approvals obtained.

(Ord. 08-05 § 1 (part), 2008)

There may be a change of tenancy, ownership or management of a nonconforming use, provided there is no change in character to the nonconformity and that all building and fire codes are met.

(Ord. 08-05 § 1 (part), 2008)