1. 
Title.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
Lake Oswego Code Chapter 50 may be referred to as "the Community Development Code of the City of Lake Oswego" and is referred to herein as "the CDC" and "this Code."
2. 
Purpose.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2841, Amended, 9-1-2020]
a. 
Generally Applicable Purposes.
This Code has been drafted in accordance with the policies set forth in the Comprehensive Plan for the City of Lake Oswego. It is the general purpose of this Code, therefore, to provide the principal means for the implementation of the Comprehensive Plan. To fulfill this general purpose this Code is intended to:
i. 
Protect and promote the public health, safety, convenience and general welfare;
ii. 
Guide future land uses, growth and development in accordance with the Comprehensive Plan;
iii. 
Provide for review of those uses determined to carry the potential for adverse impact on surrounding uses;
iv. 
Assure prompt review of development applications for compliance with this Code’s requirements, and the application of clear and specific standards;
v. 
Provide for public review and comment on development proposals which may have a significant impact on the community;
vi. 
Guide public and private policy and action to assure provision of adequate water, sewerage, transportation, drainage, parks, open space and other public facilities and services for each development and to implement Comprehensive Plan policies concerning the distribution of costs of public facilities and services required to serve development, and coordinate the timing of development with the provision of adequate public facilities and services;
vii. 
Provide the opportunity for a mixture of housing types which meet the needs of the City residents;
viii. 
Establish procedures, standards, and review of uses assuring that the design of site improvements and building improvements are consistent with applicable standards and minimize adverse impacts on surrounding land uses, and yet allow for and encourage flexibility in the design and layout of site improvements and buildings, and innovation in design and construction;
ix. 
Provide for review and approval of the relationship between land uses and traffic circulation in order to minimize congestion, with particular emphasis on not exceeding the planned capacity of residential streets to carry projected traffic; to provide for safe pedestrian and bicycle circulation; to provide for the proper location of street rights-of-way, easement and building lines; to assure provision of adequate internal vehicle circulation; parking, loading and pedestrian walkways;
x. 
Minimize pollution and damage to waterways and Oswego Lake; to assure the adequacy of drainage facilities and to protect the natural character and functions of waterways;
xi. 
Provide standards to regulate the impacts of development upon soils, trees and vegetation, sensitive lands and other natural features;
xii. 
Assure reasonable safety from fire, flood, landslide, erosion or other natural hazards;
xiii. 
Provide opportunities for economic development of the City;
xiv. 
Protect the City’s aesthetic beauty and character; and
xv. 
Promote the conservation of energy through site and building design and orientation;
b. 
Historic Preservation Purposes.
This Code incorporates the City’s historic preservation regulations that are intended to:
i. 
Promote the historic, educational, architectural, cultural, economic, and general welfare of the public through the identification, preservation, restoration and protection of those structures, sites, objects, and districts of historic and cultural interest within the City;
ii. 
Foster community and neighborhood pride and sense of identity based on recognition and use of historic and cultural resources;
iii. 
Identify and designate as historic resources only those structures, sites and objects which possess historic features and characteristics viewed by this community as having true historical significance;
iv. 
Strengthen the economy of the City by enhancing the historic and cultural resources for tourists, visitors and residents;
v. 
Encourage public knowledge, understanding and appreciation of the City’s history and culture;
vi. 
Promote the enjoyment and use of historic and cultural resources appropriate for the education and recreation of the people of Lake Oswego;
vii. 
Preserve diverse architectural styles reflecting periods of the City’s historical and architectural development; and encourage complementary design and construction impacting historic resources;
viii. 
Enhance property values and increase economic and financial benefits to the City and its inhabitants;
ix. 
Identify and resolve conflicts between the preservation of historic or cultural resources and alternative conflicting uses;
x. 
Integrate the management of historic and cultural resources into public and private land management and development processes;
xi. 
Provide the principal means to implement and carry out the provisions of Statewide Planning Goal 5 and the Comprehensive Plan Policies relating to historic resources and support the enforcement of all federal and state laws relating to the protection of National Register resources, archaeological sites and archaeological objects;
xii. 
Recognize the importance of Oswego Lake to this community and the attendant and long-standing use of the lake and appurtenant assets for recreational, water quality and electrical power generation purposes;
xiii. 
Provide clear procedures and standards to ensure that the ongoing operation and maintenance of residential, commercial and industrial uses are not affected in a manner that jeopardizes the economic viability of such uses; and
xiv. 
Protect private property owners against extraordinary cost occasioned by the application of this chapter.
xv. 
Ensure that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees.
[Editor’s Note: From time to time, new state and federal laws, regulations, or court decisions are issued. The reader is advised that federal or state law may be determined to supersede portions of this Community Development Code, either generally or as applied to a specific situation.]
1. 
Applicability.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
Development of real property within the corporate limits of the City of Lake Oswego shall be governed by this Code. All provisions in other sections of the Lake Oswego Code which conflict with applicable provisions of this Code are hereby superseded.
2. 
Compliance.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
Except as otherwise specifically provided by this Code, no building or other structure shall be constructed, reconstructed, improved, altered, enlarged or moved, nor shall any use or occupancy of premises within the City be commenced or changed, nor shall any condition of or upon real property be caused or maintained after December 16, 1982, except in conformity with the requirements prescribed for each of the several zones and general regulations established hereunder. It shall be unlawful for any person to erect, construct, reconstruct, establish, occupy, alter, enlarge or use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this Code contrary to the provisions of this Code. Where this Code imposes greater restrictions than those imposed or required by other rules or regulations or Code provisions, the provisions of this Code shall control.
3. 
Maintenance of Minimum Ordinance Requirements.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
No lot area, yard, or other open space, existing on or after December 16, 1982, shall be reduced in area, dimension, or size below the minimum required by this Code, nor shall any lot area, yard, or other open space which is required by this Code for one use be used as the lot area, yard, or other open space requirement for any other use, except as provided in this Code.
4. 
Relationship to Other Laws and Private Agreements; Prior Approvals and Conditions of Approval.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2732, Amended, 2-21-2017]
It is not an intent of this Code to interfere with, abrogate or annul any easement, covenant or agreement between parties; provided, however, that where this Code imposes a greater restriction upon the use of buildings and premises, upon height of buildings, or requires larger open spaces or similar restrictions than are imposed or required by private agreements, easements and covenants, the provisions of this Code shall govern.
a. 
Approvals Granted Before December 16, 1982.
Planned unit development approvals, conditional use permits, variances and Development Review Commission approvals, and conditions attached to those approvals, and conditions attached to zone change approvals, granted prior to December 16, 1982, shall remain in effect until specifically amended or deleted by action pursuant to this Code. A request to amend approvals or delete or amend conditions of approvals is classified as a request to amend the zoning map and shall be considered as such unless the subject matter of the request is regulated by LOC § 50.07.003.11.a, Modification of Approved Permit, in which case the request will be processed pursuant to that section. Those conditions imposed or approvals granted by ordinance under the prior zoning code may be amended or deleted by order of the hearing body, or, on appeal, by order of the City Council, without the necessity of adopting an amending ordinance.
1. 
Official Action.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
a. 
All officials, departments, employees, and commissions of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this Code, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this Code.
b. 
Any permit or approval issued or granted in conflict with the provisions of this Code, whether intentional or otherwise, is void. It is the duty of the person receiving such permit to bring the structure or use subject to the permit into compliance with the terms of this Code immediately upon gaining knowledge that the permit is in conflict with the provisions of this Code.
2. 
Authority of City Manager.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2841, Amended, 9-1-2020]
a. 
Interpret, Implement, Enforce Code.
i. 
The City Manager shall have the authority to interpret, implement, and enforce the requirements of this Code, subject to review by the hearing body and/or the City Council pursuant to this Code.
ii. 
The City Manager may request an advisory opinion from the First Addition Neighborhood Association or the Old Town Neighborhood Association regarding interpretation or application of standards and requirements of the R-6 and R-DD zones, respectively.
b. 
Administrative Rules.
The City Manager may adopt administrative rules to aid in implementing this Code.
c. 
Delegation of Authority.
The City Manager may delegate any authority or responsibility identified in this Code to any suitable person.
d. 
Interpretation of Approvals.
The City Manager shall interpret the meaning and scope of approvals granted based on the record of the proceeding.
[Cross-Reference: See LOC § 50.05.010.4.d, Construction Standards – Grading, Clearing or Construction in RP or RC zone.]
e. 
Concurrent Hearings.
When more than one approval is sought for a particular property the City Manager may allow the requests to be processed concurrently. The City Manager may refuse to allow concurrent consideration if it is determined that such a process would be impractical or cumbersome, tend to create confusion before the hearing body or require a potentially unnecessary use of City resources.
f. 
Historic Resources.
i. 
The City Manager shall have the authority to make a decision to approve, approve with conditions, or deny applications for:
(1) 
Minor alterations to a landmark;
(2) 
Major alterations to a landmark if the application includes other minor development;
(3) 
Alterations, moving or demolition of a contributing resource.
ii. 
At the discretion of the City Manager, an application under subsection 2.f.i of this section may be referred to the DRC for hearing and decision.
3. 
Authority of Hearing Body.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2841, Amended, 9-1-2020]
The hearing body shall be the Planning Commission, the Development Review Commission (DRC) or the Historic Resources Advisory Board (HRAB).
a. 
Planning Commission.
Except as provided by LOC § 50.01.003.3.d, the Planning Commission shall hear:
i. 
Applications to develop pursuant to a mixed use Overall Development Plan and Schedule (ODPS); and
ii. 
Applications for a quasi-judicial zone change or quasi-judicial Comprehensive Plan or Code amendment.
b. 
Historic Resources Advisory Board.
Except as provided by subsection 3.d of this section, HRAB shall hear applications and shall have the authority to make a decision to approve, approve with conditions, or deny an application for the following:
i. 
Designation or removal of a designation of a historic resource;
ii. 
Establishment, modification or abolishment of a historic district;
iii. 
Demolition or moving of a landmark;
iv. 
Demolition (as defined in LOC § 50.06.009.9.b) or relocation of a National Register property.
c. 
Development Review Commission.
i. 
Except as provided by subsection 3.d of this section, the Development Review Commission shall hear all other applications for development, including:
(1) 
Conditional use;
(2) 
Single use ODPS;
(3) 
Appeals of decisions of the City Manager on minor development applications; and
(4) 
Any application referred by the City Manager pursuant to LOC § 50.07.003.14.d.i.
d. 
Consolidated Review.
If a person desires to apply for a development which requires hearings before the Planning Commission, DRC, and/or HRAB, the City Manager may either consolidate the proceedings before one hearing body or schedule the hearings in such a manner that a decision on the development can be made within the time period for final action established by state law. The City Manager has the sole discretion to determine which hearing body shall hear the application. As a nonbinding guideline, the City Manager should refer the consolidated proceeding to the Planning Commission if the City Manager believes that the application raises significant policy issues. The City Manager should refer the consolidated proceeding to the DRC if the City Manager believes the primary issue involves siting or design.
4. 
Development Permits Restricted for Unlawful Uses.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
No development permit shall be issued for a development or use of land in violation of this Code, unless the violation is rectified as part of the development.
5. 
Development Restricted on Illegal Lot.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
a. 
No development permit shall be issued for the development or use of an illegal lot unless the lot is made legal pursuant to the applicable requirements for creation of a lot in effect at the time of application. The applicant shall demonstrate conformance with applicable legal requirements. This restriction applies regardless of whether the applicant was responsible for creation of the illegal lot.
b. 
If an illegal lot cannot be made legal pursuant to subsection 5.a of this section because it does not comply with lot area or dimensional requirements in effect at the time of application, an application for the creation of the lot shall be exempted from compliance from such lot area or dimensional requirements if the applicant demonstrates that the lot would have complied with lot area and dimensional requirements applicable at the time of creation.
c. 
If an illegal lot cannot be made legal pursuant to subsection 5.a or 5.b of this section because it does not comply with applicable lot area or dimensional requirements at the time of application and did not comply with applicable lot area or dimensional requirements at the time of creation, an application for the creation of the lot shall be exempted from compliance with such lot area and dimensional requirements if the applicant demonstrates that development that would be allowed by legal creation of the lot will not have a significant negative impact on the neighborhood in terms of scale, noise, traffic, parking, loss of privacy, obstruction of views, or buffers from existing properties. In determining the degree of impact, the City shall consider the consistency of potential development on a lot with the existing development pattern in the vicinity. The City may impose conditions on development of the lot in order to ensure that legalization of the lot does not have a significant negative impact on the neighborhood. Public notice of an application to legalize a lot pursuant to this subsection shall contain a map of the property illustrating the building envelope. If the lot proposed to be made legal pursuant to this subsection has a lot area or dimension which is less than 65% of the size or length required by the zone at the time of application, the application to create the legal parcel shall be referred to the Development Review Commission for public hearing.
1. 
Zoning Districts.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2783, Amended, 6-19-2018]
The City is divided into the following zoning designations:
Table 50.01.004-1: Zoning Designations
Zone District Category
Map Designation
Residential
Residential – Low Density
R-15
Residential – Low Density
R-10
Residential – Low Density
R-7.5
Residential – Medium Density (FAN)
R-6
Residential – Medium Density
R-5
Residential – Design District (Old Town)
R-DD
Residential – High Density
R-3
Residential – High Density
R-2
Residential – High Density
R-0
Residential – Waterfront Cabanas
R-W
Commercial
Neighborhood Commercial
NC
General Commercial
GC
Highway Commercial
HC
Office Campus
OC
East End General Commercial
EC
Campus Research and Development
CR&D
Mixed Use
Foothills Mixed Use
FMU
Mixed Commerce
MC
West Lake Grove Districts
 
WLG Townhome Residential
WLG R-2.5
WLG Residential Mixed Use
WLG RMU
WLG Office Commercial
WLG OC
Industrial
Industrial
I
Industrial Park
IP
Special Purpose Districts
Campus Institutional
CI
Public Functions
PF
Park and Natural Areas
PNA
Overlay Districts – Area Specific
Glenmorrie R-15 Overlay District
GO
Evergreen R-7.5 Overlay District
EO
Lake Grove R-7.5/R-10 Overlay District
LGO
Downtown Redevelopment Design District
DRD
West Lake Grove Design District
WLG
Old Town Neighborhood Design
OTN
Lake Grove Village Center Overlay District
LGVCO
Southwest Overlay District
SWO
Overlay Districts – Resource Specific
Greenway Management Overlay District
GM
Sensitive Lands Overlay
 
Resource Conservation (Tree Groves)
RC
Resource Protection (Streams and Wetlands)
RP
Habitat Benefit Area (Tree Groves)
HBA
Flood Management Area
FMA
2. 
Zoning Districts Map.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
a. 
The boundaries of the zoning districts established in this Code are indicated on the City zoning map.
b. 
Amendments to the City zoning map may be made pursuant to LOC § 50.07.003.16, Legislative Decisions. Copies of all map amendments shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change, together with the adopting document, on file in the office of the City Recorder.
c. 
The City Manager shall maintain an up-to-date copy of the City zoning map to be revised from time to time so that it accurately portrays changes of zone boundaries. A separate map shall also be maintained and show the location of conditional use permits, planned developments and variances. The City Manager shall index on the appropriate map adjacent to such zone change, conditional use, planned developments, or variance, the file number of the document authorizing the same.
3. 
Interpretation of Zone District Boundaries.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
a. 
Guidelines for Interpretation.
Where due to the scale, lack of detail or illegibility of the City zoning map or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of any zone district boundary, the exact location of district boundary lines shall be determined by the City Manager in accordance with the following guidelines:
i. 
Street Lines.
Where district boundaries are indicated as approximately following the centerline or right-of-way line of streets, such lines shall be construed to be such district boundaries.
ii. 
Street Vacations.
Whenever any street is lawfully vacated, and the lands within the boundaries thereof attach to and become a part of lands adjoining such street, the lands formerly within the vacated street shall automatically be subject to the same zoning district designation that is applicable to lands to which same attaches.
iii. 
Lot Lines.
Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. If a district boundary divides a lot into two or more districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary; provided, that the boundary adjustment is for a distance of less than 20 ft. If an adjustment of more than 20 ft. is required, the change in the district boundary shall be treated as a change of zone.
iv. 
Water Courses.
District boundary lines are intended to follow the centerlines of water courses and the shore line of Oswego Lake unless such boundary lines are otherwise fixed on the City zoning map.
4. 
Zoning of Annexed Areas.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
a. 
Zoning designations on newly annexed territories shall be imposed as provided in LOC § 50.01.004.5.
b. 
The City may consider the zoning for any area proposed for annexation at the same time the question of annexation for the area is considered. The notice and hearing procedures shall be the same as if the area in question were located within the City limits. The zoning decision shall not be a final decision for the purposes of judicial review until the date that the approval of the annexation of the area has become effective, or the date of the zoning order if that date is later in time.
5. 
Comprehensive Plan Map Designations Automatically Applied Upon Annexations; Exceptions.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2687, Amended, 12-15-2015]
a. 
The Lake Oswego Comprehensive Plan Map provides for the future City zoning of all property within the City’s Urban Service Boundary. In cases where the Comprehensive Plan Map requires a specific zoning map designation to be placed on territory annexed to the City of Lake Oswego, such a zoning designation shall automatically be imposed on territory as of the effective date of the ordinance annexing such territory to the City. The City Manager shall modify the zoning map accordingly. In cases where the Comprehensive Plan Map does not require a specific zoning map designation to be placed on territory annexed to the City, the City Manager shall prepare an application and recommend a specific zoning map designation to the Planning Commission with all due speed following the effective date of an ordinance annexing such territory to the City of Lake Oswego. The Planning Commission shall hear the application pursuant to LOC § 50.07.003.16, Legislative Decisions.
b. 
Where the Comprehensive Plan Map indicates an RP, RC, or HBA District designation on territory proposed for annexation, the City shall notify the owners of the annexing territory that they have 20 days prior to the initial public hearing on the annexation to contest the designation pursuant to LOC § 50.07.004.8.b, Sensitive Lands Overlay Districts. No fee shall be charged for such review. If, following review, the decision-maker determines the property was improperly designated, the RP, RC, or HBA designation shall be removed.
c. 
When evidence indicates that a resource that potentially qualifies for an RP or RC District or HBA overlay designation pursuant to LOC § 50.07.004.8 exists on territory to be annexed, the City may conduct an Economic, Social, Environmental, and Energy (ESEE) Analysis and determine whether such a zone should be imposed pursuant to LOC § 50.07.004.8, Sensitive Lands Overlay Districts. City staff may request a delay in the effective date of annexation to complete review.
6. 
Effect of Conditions of Approval or Development or Design Regulations Imposed Prior to Annexation.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2612-A, Amended, 5-21-2013]
a. 
Purpose.
The purpose of this section is to require owners of nonconforming uses, structures, or parcels annexed into the City of Lake Oswego to continue to comply with the use, design or development standards imposed by the prior jurisdiction until such time as the use, structure, or parcel is modified or developed under City development standards.
b. 
Definition of Prior Jurisdiction.
For purposes of this section, "prior jurisdiction" shall mean the county or city that had zoning jurisdiction upon the parcel prior to its annexation to the City of Lake Oswego.
c. 
Compliance with Prior Jurisdiction Requirements.
Following annexation of a parcel into the boundaries of the City of Lake Oswego, the owner of a parcel shall comply with the use limitations, development or design regulations, or conditions of approval applicable to the use, structure or parcel imposed by the prior jurisdiction prior to annexation of the parcel into the boundaries of the City.
d. 
Interpretation of Prior Jurisdiction Requirements.
In the event it is necessary to interpret the design or development standards, or use limitations of a prior jurisdiction, or any condition of approval granted by a prior jurisdiction, the interpretation shall be made in the manner provided by LOC § 50.01.005, Authority to Interpret CDC, Zoning Map and Comprehensive Plan.
e. 
Modification of Conditions of Approval.
The owner’s obligation to comply with the conditions of approval of a development permit issued by a prior jurisdiction may be modified following annexation of the parcel into the City boundaries the same as if the conditions were imposed by the City, in the same manner as provided in LOC § 50.07.003.11, Modification of Development Permits. Except to the extent a condition of approval is modified pursuant to this subsection, the prior jurisdiction’s use limitations, and development or design regulations, shall continue to apply to the use, structure or parcel.
f. 
Modification of Use, Structure or Parcel to Comply with Applicable City Use, Design, or Development Regulations.
A property owner may seek modification of the requirements of a development permit, including use, design or development regulations, issued or imposed by the prior jurisdiction for the purpose of complying with comparable City use, design or development regulations. Such modification shall be in accordance with LOC § 50.07.003.11, Modification of Development Permits. Except to the extent the use, structure or parcel complies with City requirements following modification of development permit as provided under this subsection, the owner shall comply with the prior jurisdiction’s use limitations, and development or design regulations.
g. 
Effect of Compliance with Prior Jurisdiction Requirement or Modification Upon Nonconforming Status.
This section shall not be construed as remedying the nonconformance of any use, structure or parcel with the use limitations, design and development requirements of this Code. Notwithstanding the compliance of the owner with this section, the structure or use shall nevertheless be deemed nonconforming and shall be subject to the provisions of LOC §§ 50.01.006.1.b, 50.01.006.3.a.i, 50.01.006.3.a.iv and LOC § 50.01.006.4, Nonconforming Uses, Structures, Lots and Site Features.
[Cross-Reference: LOC § 50.01.006.1 – Nonconforming Defined; Rights Granted.]
1. 
City Manager Interpretations.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012]
A person may request an interpretation of the City Comprehensive Plan or land use regulations from the City Manager. Such an interpretation may be formal or informal, as follows:
a. 
Formal Interpretation.
An applicant may request a formal interpretation as it relates to the proposed development of a specific property owned by the applicant or by a person for whom the applicant is the agent. The application shall be in writing and shall set forth the issues the applicant desires interpreted. A fee set by resolution of the City Council may be charged for an application for a formal interpretation. Notice of a request for a formal interpretation shall be sent in the manner provided for a minor development pursuant to LOC §§ 50.07.003.3.a and 50.07.003.14.c, and notice of the interpretation shall be sent in the same manner as notice of a decision on a minor development pursuant to LOC § 50.07.003.14.d.iii(3), Notice of Final Decision. A formal interpretation may be appealed in the same manner as a minor development. Once a formal interpretation becomes final, it shall be binding on the City as it applies to a future application for development of the subject property unless the provision that is the subject of the interpretation is amended, repealed or construed differently by LUBA or a court of competent jurisdiction prior to the filing of the application for development. Such an interpretation shall not be binding as it relates to development of other properties.
b. 
Informal Interpretation.
Any person may request the planning staff or the City Attorney for an informal interpretation. Such a request may either be oral or in writing, and is not subject to notice, appeal or a fee. Such an interpretation is not a final land use decision, however, and is not binding on City staff or City appellate authorities as it applies to future land use applications on the subject property or in general.
1. 
Nonconforming Defined; Rights Granted.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015]
a. 
Nonconforming; Illegal.
i. 
A use, structure, lot, or site feature (e.g., landscaping, parking, etc.; see Sign Code, LOC Chapter 47 for nonconforming signs) is nonconforming if the use, structure, lot, or site feature was initially lawfully established, but does not comply with or would not be permitted to exist under this Code due to a subsequent enactment or amendment to this Code, or due to annexation.
ii. 
An illegal use, structure, lot or site feature is one that was not lawfully established because it does not comply with or would not be permitted under this Code or any prior versions of this Code. A use, structure, lot or site feature that was lawfully established under a prior jurisdiction but did not comply with this Code at the time of annexation is not illegal. An illegal use, structure, or site feature is a violation of this Code and may be subject to abatement or penalties pursuant to LOC Article 50.09. An illegal lot may obtain legal status only if it meets the requirements set forth in LOC § 50.01.003.5, Development Restricted on Illegal Lot.
b. 
Approved Variance.
A use, structure, lot, or site feature for which a variance was granted is not considered nonconforming solely because the characteristic of the use, structure, lot, or site feature for which the variance was granted fails to comply with the requirements of this Code. However, the existence of an approved variance does not prevent the use, structure, lot, or site feature from being classified as nonconforming as to another characteristic that fails to comply with the requirements of this Code.
c. 
Applicability to Approvals and Incomplete Construction.
If a use, structure, or site feature that received final development approval becomes nonconforming within a year after approval, but before construction is completed, no change in plans, construction or use for which a final development approval was received is required. All rights granted by this section are extinguished if the development permit or building permit is revoked or becomes void. The structure, use, or site feature shall thereafter conform to all applicable provisions of this Code.
[Cross-Reference: LOC § 50.07.005.1 – Uses Under Conditional Use Provisions Not Nonconforming Uses.]
2. 
Continuation and Maintenance of Nonconformities.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2891, Amended, 2-21-2023; Amended 4-15-2025 by Ord. No. 2959]
a. 
Continuation of Nonconformity.
Subject to the provisions of this section, and except as otherwise provided by this Code, a nonconforming use, structure, lot, or site feature may be continued in use so long as it remains otherwise lawful.
b. 
Demolition or Alteration of a Nonconforming Dwelling.
In a residential zone, an existing nonconforming residential dwelling shall be removed or brought into conformance with this Code upon:
i. 
Demolition of the dwelling under LOC § 45.12.100.1.d, except where demolition results from the Building Official ordering the reconstruction of a wall under subsection 2.c of this section because it is unsafe; or
ii. 
An increase in floor area of the dwelling by 50% or more where the total floor area of the dwelling after the addition exceeds 90% of maximum allowed floor area, except as provided in subsection 3 of this section.
EXCEPTIONS:
(a)
This provision does not apply to a dwelling on the City Historic Landmark Designation List.
(b)
In calculating whether the increase in floor area of the dwelling is 50% or more, new floor area resulting from conversion of existing unfinished and enclosed space within the structure is excluded, provided the conversion does not expand the building or increase roof height (including dormers).
c. 
Maintenance.
On any nonconforming structure or site feature, maintenance may be performed in a manner not in conflict with the other provisions of the City Code. Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any structure, or portion thereof, or site feature declared to be unsafe by any official charged with protecting the public safety, upon the order of that official.
3. 
Expansion or Change of Nonconformities.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2891, Amended, 2-21-2023; Amended 4-15-2025 by Ord. No. 2959]
a. 
Nonconforming Structures.
A nonconforming structure may only be expanded or changed in accordance with the provisions of this subsection.
i. 
Nonconforming structures may only be expanded if:
(1) 
The expansion does not increase the degree of any existing nonconformity; and
(2) 
The expansion does not create any new nonconformity.
ii. 
Portions of a nonconforming structure that are not being altered as part of the expansion are not required to be brought into conformance with this Code.
iii. 
Extensions of nonconforming walls may be approved through the Minor Variance process set forth in LOC § 50.08.002.2.k.
iv. 
For residential structures, a change in roof pitch on a nonconforming portion of the structure may be permitted if the roof height is not increased by more than six ft. attached to the existing wall top plate, and does not exceed the base zone height.
Figure 50.01.006-A: Nonconforming Roof Pitch Change
v. 
A nonconforming dwelling in a residential zone may maintain its nonconformity notwithstanding the requirement in subsection 2.b of this section to either demolish or conform to the Code, where:
(1) 
The dwelling is located on publicly owned property; or
(2) 
The development maintains a native tree 30 in. DBH or greater, or a native tree greater than 15 in. DBH if the lot contains no other native tree 30 in. or greater, within the building envelope of the lot. In both cases, the native tree must not be dead, invasive, or hazardous, as defined in LOC § 55.02.020. The owner shall record a notice of development restriction requiring preservation of the native tree prior to issuance of a building permit.
vi. 
Use of Expansion Area.
(1) 
If the building being expanded contains a permitted use, that use may also occupy the building expansion area.
(2) 
If the building being expanded contains a conditional use, that use may only be enlarged to also occupy the building expansion area with a modification of the conditional use permit.
(3) 
If the building being expanded contains a nonconforming use, that nonconforming use may be enlarged to also occupy the expanded area with a conditional use permit, but the conditional use criterion in LOC § 50.07.005.3.a.i, Authorization to Permit or Deny Conditional Uses, as it relates to uses in the zone shall not apply.
b. 
Nonconforming Uses.
i. 
A nonconforming use may only be expanded with a conditional use permit, but the conditional use criterion in LOC § 50.07.005.3.a.i, Authorization to Permit or Deny Conditional Uses, as it relates to uses in the zone shall not apply.
ii. 
A nonconforming use with outdoor operations may only expand its outdoor operations to new areas of the property with a conditional use permit.
iii. 
A nonconforming use may only be changed to:
(1) 
A permitted use; or
(2) 
A conditional use, with a conditional use permit.
c. 
Nonconforming Site Features.
i. 
If a property is nonconforming with respect to landscaping or open space and the expansion of a structure on the property is proposed, the applicant shall install new landscaping and/or open space in an amount equal to the lesser of:
(1) 
The footprint of the new building addition multiplied by the percentage of landscaping and/or open space prescribed by this Code; or
(2) 
The amount of landscaping and/or open space needed to bring the property into compliance with the minimum amounts of landscaping and/or open space required by this Code.
4. 
Damage and Reconstruction of Nonconforming Structures.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2832, Amended, 1-7-2020; Ord. No. 2892, Amended, 6-7-2022; Amended 4-15-2025 by Ord. No. 2959]
a. 
Single-Family and Middle Housing Dwellings, Accessory Structures, and Historic Landmarks.
This subsection is applicable to nonconforming single-family dwellings, middle housing dwellings, historic landmarks designated or listed upon the Landmark Designation List, and accessory structures to a single-family dwelling, middle housing dwelling, or historic landmark.
i. 
Nonconforming Structures not Located in the Flood Management Area.
Subject to the time limitation in subsection 4.c of this section, when all or any portion of a nonconforming structure listed above is damaged by any cause other than an intentional act of the owner, and no part of the structure is located in the flood management area, the reconstruction of the nonconforming structure shall be exempt from the provisions of this Code to the extent that the damaged portions of the structure failed to conform.
ii. 
Nonconforming Structures Located in the Flood Management Area.
Subject to the time limitation in subsection 4.c of this section, when all or any portion of a nonconforming structure is damaged by any cause other than an intentional act of the owner, and part of the structure is located in the flood management area, the reconstruction of the nonconforming structure shall be exempt from the provisions of this Code to the extent that the damaged portions of the structure failed to conform, except that no part of the structure shall be reconstructed within the flood management area.
iii. 
Nonconforming Single-Family or Duplex Dwelling or Landscaping Located in an RP or RC District or Construction Setback.
(1) 
Nonconforming Structures.
See LOC § 50.05.010.4.a, Rebuilding Nonconforming Single-Family or Duplex Dwelling Located in RP or RC District or Construction Setback, and LOC § 50.05.010.2.b and c, General and Specific Exceptions.
(2) 
Nonconforming Landscaping.
See LOC § 50.05.010.5.c.iii(8)(e), Landscaping in an RC district, and LOC § 50.05.010.6.c.ii(1)(a)(v), Landscaping in an RP district.
iv. 
Damage to a Nonconforming Structure by an Intentional Act of an Owner.
When all or any portion of a nonconforming structure is damaged by an intentional act of the owner, all reconstruction of the structure shall conform to this Code.
b. 
Structures Other Than Single-Family or Middle Housing Dwellings, Accessory Structures, and Historic Landmarks.
i. 
Applicability.
This subsection is applicable to structures other than those listed in subsection 4.a of this section.
ii. 
Ability to Construct or Reconstruct Nonconforming Structure.
(1) 
Damage or Destruction to Nonconforming Structures of Less than 50% of the Structure Replacement Cost.
If a nonconforming structure is damaged or destroyed by any means to the extent that the cost of rebuilding the damaged portions is less than 50% of the current replacement cost of the entire building, the rebuilding may be reconstructed to the extent that it was nonconforming, except that no portion of the structure shall be reconstructed in the flood management area.
(2) 
Damage to Nonconforming Structures of More than 50% of the Structure Replacement Cost.
If a nonconforming structure is damaged from any cause to the extent that the cost of rebuilding the damaged portions is 50% or more of the current replacement cost of the entire building, the rebuilding shall conform to City codes and standards.
c. 
Time Limitation.
i. 
In order to use any rights to reconstruct a damaged nonconforming structure without full compliance with this Code, above, the building permit for the new construction or reconstruction must be issued within one year from the date of damage. If the building permit is not issued within the one-year period, or if the building permit is issued but later expires, the ability to reconstruct a nonconforming structure not in compliance with this Code shall cease.
ii. 
On demonstration that a good faith effort has been made by the owner to be able to apply for the building permit to reconstruct the damaged structure (including obtaining funding and completion of architectural work) and a written request for extension is submitted prior to expiration, the City Manager may extend the construction rights for an additional year. Construction shall be completed within two years of the issuance of the building permit or extension granted by the City Manager.
iii. 
The time limitations in subsections 4.c.i and 4.c.ii of this section, may be extended by the City Manager if the owner can demonstrate that the reconstruction of a damaged nonconforming structure is pending review under an insurance claim or litigation. Construction shall be completed within two years of the settlement date or decision of the insurance claim or litigation.
5. 
Nonconforming Lots.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2892, Amended, 6-7-2022]
a. 
Development Permitted.
A nonconforming lot that does not meet the minimum size or dimensional requirements of the zone in which it is located may be developed as permitted in that zone; provided, that (i) the structure complies with all applicable Code standards or (ii) the applicant obtains a variance pursuant to LOC Article 50.08, Variances.
Exception: No middle housing except a duplex and accessory structures to a duplex shall be developed on a nonconforming lot that does not meet the minimum size or dimensional requirements of the zone.
b. 
Lot Line Adjustment.
Lot lines may be adjusted; provided, that the degree of any existing nonconformity is not increased and no new nonconformity is created on any of the lots involved as a result of the adjustment.
6. 
Discontinuation of Nonconforming Use.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015]
a. 
One-Year Time Limit.
If a nonconforming use is discontinued for a period of at least one year, the nonconforming use may not be restarted and future use shall comply with the requirements of this Code. For the purpose of this standard, "discontinued" means the use has vacated or ceased operation on the site.
b. 
One-Year Extension.
Up to two one-year extensions may be granted by the City Manager if the owner demonstrates that they are actively marketing the property for continuation of the nonconforming use but have been unable to find a buyer or tenant for that use. The owner shall file each request for a one-year extension separately. After three years, the nonconforming use may not be restarted, and any future use of the structure shall comply with the requirements of this Code.