A. 
The provisions of this chapter shall regulate the continuation, termination, and modification of developments and uses which were lawfully established but which no longer conform to the provisions of this Title due to changes in such provisions. A mere change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the nonconforming rights, privileges, and responsibilities provided under this chapter.
B. 
Any nonconforming situation which becomes specifically authorized under the terms of some approval pursuant to this Title, other than approval of an extension, expansion, change, or early termination of nonconforming pursuant to Section 19.132.020, shall thenceforth be governed by the terms of such approval and shall no longer be considered to be a nonconformity unless and until such approval expires or is revoked.
A. 
In connection with any development or use which involves a nonconformity, no change of use, expansion, addition, alteration, or improvement, Director finds at least one of the following criteria are satisfied:
1. 
The changes are, in and of themselves, in conformance with the provisions of this Title;
2. 
The changes are limited to minor alterations, improvements or repairs which do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a non-conforming use;
3. 
The changes are required by other laws;
4. 
The changes are incident to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible; or
5. 
The type and extent of change is specifically provided for and authorized under other provisions of this Title.
B. 
No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.
A. 
Grading. If a grading permit has been issued for a development or use prior to the effective date of any provision of this Title which makes such development or use nonconforming, the grading permit shall be null and void unless a vested right has been acquired prior to the effective date.
B. 
Construction. Nothing in this Title shall be construed to prevent the completion and use in accordance with this chapter of any building or structure which is lawfully under construction or for which a building permit has been issued (and has not expired) or for which a vested right has been acquired prior to the effective date of any provision of this Title which makes such development or use nonconforming, provided:
1. 
Such construction or the proposed use of such building or structure is not in violation of any other law or regulation;
2. 
Such building or structure is completed within one year from the effective date if not over two stories or thirty-nine feet in height, or is completed within two years if more than two stories or thirty-five feet in height.
A. 
A nonconforming building or structure which is accidentally damaged may be repaired, provided the cost of the repairs does not exceed fifty percent of the current replacement cost of the repaired building or structure, the costs to be estimated by the building official. In the case of a building or structure which is necessary to the functioning of a complex of buildings and/or structures, the estimates of repairs and replacement costs shall be for such interdependent complex as a whole. In the case of successive incidents of damage, the estimate of repair cost shall be for all uncompleted repairs following the most recent damage.
B. 
The repair of buildings or structures pursuant to this section shall not be construed as authorizing an extension of any time limit for the termination of a nonconformity.
C. 
Repairs made pursuant to this section shall be made in conformance with the current regulations of this Title to the maximum extent feasible as determined by the Director, and shall comply with all other applicable laws and regulations. This provision shall not be construed to require a reduction in intensity of use from that existing prior to the damage. The degree of nonconformity shall not be increased under any circumstances.
When a building or structure is relocated to another lot, it shall be made conforming in all respects with the provisions of this Title and all other applicable laws and regulations.
When any nonconformity is eliminated or brought into conformance with the current regulations of this Title, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored.
Notwithstanding any other provision of this chapter, when a nonconformity exists incidental to a nonconforming use, the nonconformity may continue until the time specified for the termination of the nonconforming use, provided such nonconformity is brought into compliance with the regulations which would be applicable to the use if it were located in the most restrictive zone which automatically permits such use.
Any lawfully created lot which becomes non-conforming as to lot area, street frontage, lot width, lot depth or accessibility may continue indefinitely with such nonconformity and may be developed and used as if it were a conforming lot, except that any property located within the RM-10 zone shall be fully conforming as to lot area and lot width to be developed with multi-family dwellings. This section shall not be construed as authorizing the establishment of a use for which special site requirements exist differing from the basic requirements of the zone in which located unless the site meets such special requirements at the time such use is established.
Table 19.204.100
THE LIMITS FOR STRUCTURES OF NONCONFORMING DESIGN
Type of Construction
Number of Years Allowed (2)
Building Code Classification
General Description (1)
I
Heavy steel and/or concrete
50
II (fire resistive), III
Masonry and/or concrete
40
II (1 hour), II-N, IV, V
Light metal and/or frame
25
Notes:
(1)
Building code classification shall take precedence over general description in case of uncertainty.
(2)
Time period measured from date of construction or January 19,1954, whichever is later.
(Ord. 1241 § 4, 1990; Ord. 1338 § 11, 1996)
A. 
Residential Buildings. Any building designed and occupied for residential use may continue indefinitely in such use, provided there is no increase in the number of residential units.
B. 
Nonresidential Buildings. Any nonresidential buildings, structures, or facilities designed or intended only for uses which are nonconforming shall be removed or the design and use thereof made conforming in all respects within the time period specified in Table 19.204.100.
Any use which is nonconforming and occupies a building which is not designed for a conforming use may continue to occupy such building during the period that the building is allowed under Section 19.204.100. Any such use shall not be expanded with regard to the floor area occupied in the nonconforming building and shall not be changed to another use unless such expansion or change is authorized under the procedure set forth in Section 19.132.020.
A. 
Any nonconforming commercial use located in a commercial zone and occupying buildings of a design which could accommodate conforming uses, and any nonconforming industrial use located in an industrial zone and occupying buildings or structures of a design which could accommodate conforming uses, shall be terminated or made conforming as to use within ten years from the date of becoming nonconforming.
B. 
Any other nonresidential nonconforming use occupying buildings of a design which could accommodate conforming uses shall be terminated or made conforming as to use within five years from the date of becoming non-conforming.
Any nonconforming use which does not occupy or use any building or structure which would require a building permit if it were to be replaced may continue indefinitely unless a determination is made pursuant to the procedure set forth in Section 19.132.020 requiring termination of the use within a reasonable period.
When a nonconforming use has been discontinued for a period of one hundred eighty consecutive days, all non-conforming rights and privileges pertaining to such use shall be terminated. This section shall not apply to any use for which a different period of discontinuance or abandonment is specified under other provisions of this Title.
A. 
Except within the commercial zones, any nonconforming encroachment into required yards and open spaces may continue indefinitely. No such encroachment may be reconstructed, replaced, or extended within any zone.
B. 
Within the commercial zones, any nonconforming encroachment into required yards and open spaces may continue indefinitely, except that the nonconforming encroachment may be required to be removed or reduced up-on review by the Zoning Administrator, Planning Commission, or City Council pursuant to Chapter 19.128 under the following circumstances:
1. 
When an expansion in floor area which is greater than 50 percent of the existing floor area is proposed for any structure maintaining a nonconforming encroachment, or
2. 
When an expansion in floor area is proposed anywhere within an integrated development which is greater than 50 percent of the total floor area of all structures within the integrated development.
Trash areas or facilities, outdoor storage areas and outdoor display areas which are nonconforming may continue indefinitely, except that such facilities and areas shall be made fully conforming at the time of any expansion or intensification of use on the site, or, upon any review by the Zoning Administrator, Planning Commission, or City Council pursuant to Chapter 19.128, may be required at such time to comply with current city standards.
Any nonconformity with respect to required fences or landscaping may continue indefinitely, except that fences and landscaped buffers which are required along boundaries between zones shall be provided at the time of any expansion or intensification of a nonresidential use.
A. 
Permit-Exempt Signs. Nonconforming signs which are classified as permit-exempt under Section 19.904.080 shall be removed or made conforming in all respects within one year after the date of becoming non-conforming.
B. 
Off-Premises Signs (Billboards). Nonconforming off-premises signs shall be removed or made conforming within three years after the date of becoming nonconforming. Not withstanding other provisions of this chapter, structural alterations may be made to such signs prior to conformance to the extent necessary to meet safety requirements.
C. 
Other Signs. Nonconforming signs other than permit-exempt and off-premises signs shall be removed or made conforming within five years after the date of becoming nonconforming. Not withstanding other provisions of this chapter, structural alterations may be made to such signs prior to conformance to the extent necessary to meet safety requirements.
A. 
Vision Clearance. Non-conforming obstructions to vision clearance, except buildings or major structures, shall be removed or made conforming within three years after the date of becoming non-conforming.
B. 
Access.
1. 
Non-conforming driveways or other vehicular access arrangements may continue indefinitely, except that with any expansion or intensification of use the access serving such expansion or intensification shall be made fully conforming.
2. 
In the case of an automobile service station or any drive-in, drive-through, walk-up, or takeout commercial establishment which is replaced or reconstructed at a cost exceeding fifty percent of the current replacement value (as determined by the building official) of the station or establishment, all driveways shall be made fully conforming.
C. 
Parking or Loading Spaces.
1. 
Any non-conformity with respect to parking or loading areas, spaces or improvements may continue indefinitely, except that with any change, expansion, or intensification of use the additional parking and loading areas and spaces required for such change, expansion, or intensification shall be fully conforming.
2. 
Notwithstanding the provisions of subsection C.1 of this section, any dwelling may be expanded, except as limited under subsection C.3 of this section, without providing additional parking space if no additional dwelling units are created and the addition does not occupy the only space available on the lot which could be used to meet the full parking requirement for all units.
3. 
Non-conforming number of parking spaces in a garage for a single family dwelling.
a. 
For a single family dwelling with non-conformity as to the number of required parking spaces in a garage, the minimum parking requirements shall be made fully conforming when the total residential floor area with the expansion, including converting non-habitable areas into habitable area, will exceed the greater of:
(i) 
1,100 square feet, or
(ii) 
150 percent of the residential floor area existing as of July 19, 1993 and as defined under Section 19.316.050.
b. 
In the event that the provision of this requirement would constitute an undue hardship due to the existing location and floor plan design of any nonconforming garage and/or dwelling, a waiver may be granted pursuant to Section 19.128.070.
D. 
Parking Lot Landscaping. Upon a review pursuant to Chapter 19.128 for any expansion, intensification, or reconfiguration of an existing parking lot, the Zoning Administrator, Planning Commission, or City Council may require that any non-conformity with respect to interior landscaping and landscaped yards along streets and alleys for parking lots be made conforming to the fullest extent feasible.
(Ord. 1338 § 12, 1996)
A. 
Any nonconformity with respect to environmental effects upon surrounding property (such as lighting or noise) shall be made conforming within two years after the date of becoming nonconforming.
B. 
Any nonconformity with respect to an environmental effect upon the premises where the source of the effect is located may continue indefinitely.