A. The
purpose of this chapter is establish provisions for the orderly termination
of nonconforming uses, sites and structures in order to promote the
public health, safety, and general welfare, and to bring these uses,
sites and structures into conformity with the goals and policies of
the general plan.
B. Within
the zoning districts established by this title, there exist land uses,
sites and structures that were lawful before the adoption, or amendment
of this title, but that would be prohibited, regulated, or restricted
differently under the terms of this title or future amendments.
C. This
chapter is intended to prevent the expansion of nonconforming uses,
sites and structures, to establish the criteria under which they may
be continued, and to provide for the correction or removal of these
nonconformities in an equitable and timely manner.
D. It
is hereby declared that nonconforming uses, sites and structures within
the city are detrimental to both orderly and creative development,
and the general welfare of citizens and property. It is further declared
that nonconforming uses, sites and structures shall be eliminated
as rapidly as possible without infringing upon the constitutional
rights of property owners.
(Ord. 777 § 1 (Exh. A),
2002)
Nonconformities are defined as follows:
"Nonconforming site"
means a site that was legally improved before the adoption
of this title and which does not conform to current provisions/standards
(e.g., landscaping, parking, etc.) prescribed for the zoning district
in which the site is located.
"Nonconforming structure"
means a structure that was legally constructed before the
adoption of this title and which does not conform to current provisions/standards
(e.g., open space, distance between structures, etc.) prescribed for
the zoning district in which the structure is located.
"Nonconforming use"
means a use of a structure (either conforming or nonconforming)
or land that was legally established and maintained before the adoption
of this title and which does not conform to the current provisions
governing allowable land uses for the zoning district in which the
use is located.
"Nonconformity upon annexation"
means a use, structure, or parcel that legally existed in
the unincorporated territory and after annexation does not comply
with the provisions of this title.
(Ord. 777 § 1 (Exh. A),
2002)
The continuance of a nonconforming use is subject to the following:
A. A nonconforming
use shall not change nor shall the intensity of the use increase.
B. If
a nonconforming use ceases for a period of one hundred eighty days
or more, it shall lose its nonconforming status, and the continued
use of the property shall be required to conform with the provisions
of this title.
C. Development
of any property that has a nonconforming use may be permitted under
the following circumstances:
1. The
proposed development is in compliance with all provisions of this
title, and either:
a. The area and intensity of the nonconforming use remains unchanged,
or
b. The area and intensity of the nonconforming use is reduced as part
of the development proposal; or
2. The
proposed development will reduce the area and/or intensity of the
nonconforming use.
The development of any property that has a nonconforming use must be approved through a conditional use permit issued in accordance with the provisions of Chapter 17.48 (Conditional Use Permits).
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D. If
a nonconforming use is converted to a conforming use, the nonconforming
use may not be resumed.
E. No
nonconforming use may be replaced by another nonconforming use, nor
may any nonconforming use be expanded.
(Ord. 777 § 1 (Exh. A),
2002)
The continuance of a nonconforming structure is subject to the
following:
A. A nonconforming
structure which is damaged to an extent of one-half or more of its
replacement cost immediately before the damage may be restored only
if made to conform to all provisions of this title. The replacement
cost shall be determined by the building official, whose decision
may be appealed to the council.
B. Development
of any property that has a nonconforming structure may be permitted
under the following circumstances:
1. The
proposed development is in compliance with all provisions of this
title, and either:
a. The dimension of the nonconforming condition remains unchanged, or
b. The dimension of the nonconforming condition is reduced as part of
the development proposal; or
2. The
proposed development will reduce the dimension of the nonconforming
condition of the nonconforming structure.
The development of any property that has a nonconforming structure must be approved through a conditional use permit issued in accordance with the provisions of Chapter 17.48 (Conditional Use Permits).
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C. If
the use of a nonconforming structure is discontinued for a period
of one hundred eighty days or more, the structure shall lose its nonconforming
status, and shall be removed or altered to conform to the provisions
of this title. The use of a nonconforming structure shall be considered
discontinued when any of the following apply:
1. The
intent of the owner to discontinue use of the nonconforming structure
is apparent; or
2. Where
characteristic furnishings and equipment of the use have been removed
and not replaced with equivalent infrastructure during this time.
(Ord. 777 § 1 (Exh. A),
2002)
A. A nonconforming
site which is damaged to an extent of one-half or more of its replacement
cost immediately before the damage may be restored only if made to
conform to all provisions of this title. The replacement cost shall
be determined by the director, whose decision may be appealed to the
council.
B. Development
of any property that has a nonconforming site may be permitted under
the following circumstances:
1. The
proposed development is in compliance with all provisions of this
title, and either:
a. The nonconforming site condition remains unchanged, or
b. The extent of the nonconforming site condition is reduced as part
of the development proposal; or
2. The
proposed development will reduce the extent of the nonconforming condition
of the nonconforming site.
The development of any property that has a nonconforming site condition must be approved through a conditional use permit issued in accordance with the provisions of Chapter 17.48 (Conditional Use Permits).
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C. If
the use of a nonconforming site is discontinued for a period of one
hundred eighty days or more, the site shall lose its nonconforming
status, and shall be removed or altered to conform to the provisions
of this title. The use of a nonconforming site shall be considered
discontinued when any of the following apply:
1. The
intent of the owner to discontinue use of the site is apparent; or
2. Where
site improvements that are characteristic of the use have been removed
and not replaced with equivalent infrastructure during this time.
(Ord. 777 § 1 (Exh. A),
2002)
When any nonconforming use, site or structure is no longer allowed
in compliance with the provisions of this chapter, no building permit
shall thereafter be issued for further continuance, alteration, or
expansion. Any permit issued in error shall not be construed as allowing
the continuation of the nonconforming use, site or structure.
(Ord. 777 § 1 (Exh. A),
2002)
Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming uses and structures. The uses and structures shall be removed immediately subject to the provisions of Chapter
17.80 (Enforcement) and state law.
(Ord. 777 § 1 (Exh. A),
2002)
In the event that a legal nonconforming use, site or structure
is found to constitute a public nuisance, appropriate action shall
be taken by the city, in compliance with Municipal Code Title 14 (Code
Compliance and Remedies).
(Ord. 777 § 1 (Exh. A),
2002; Ord. 916 § 8, 2006)
All applications shall be subject to the applicable provisions
of this title, including the procedures identified in the following:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.48 Conditional Use Permits
(Ord. 777 § 1 (Exh. A),
2002)