Within the districts established by the zoning code, or amendments that may later be adopted, there may exist lots, structures, uses of land and structures and characteristics of use which were lawful before the effective date of the zoning code or amendments thereto, but which would be prohibited, regulated, or restricted under the terms of this zoning code or future amendments thereto. The purpose of this chapter is to establish the legal status of such nonconforming uses, structures, lots, and other site improvements by creating provisions through the application of which such uses, structures, lots, and other site improvements may be maintained, altered, reconstructed, expanded or abated.
(Ord. 24-05, 6/5/2024)
A. 
If a lot, or the aggregate of contiguous lots held in a single ownership as recorded in the office of the county Clerk on or before June 19, 1979, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or the aggregate of contiguous lots may be occupied by a use permitted in the zones, subject to the other requirements of the zone. If the lot does not meet the minimum lot size for the zone in which the property is located, residential use shall be limited to a single-family dwelling.
B. 
In the R-1, R-2, R-3, and RM zones, where two contiguous lots, which were created prior to the effective date of Ordinance 79-4A, are held in a single ownership and one of the lots has a minimum lot area of at least 4,000 square feet and the other lot has a minimum lot area of at least 2,500 square feet, both the lots may be occupied by a single-family dwelling so long as the total building coverage on the lot does not exceed 40 percent.
(Ord. 24-05, 6/5/2024)
The following provisions apply to nonconforming uses:
A. 
"Nonconforming use" means a lawful use which existed prior to the adoption of Ordinance 79-4A on June 19, 1979, or ordinances adopted prior to Ordinance 79-4A and which does not conform to the use requirements of the zone in which it is located, and which does not qualify as a pre-existing use pursuant to Section 17.88.060. Nonconforming uses are those that were made nonconforming by Ordinance 79-4A or ordinances adopted prior to Ordinance 79-4A.
B. 
Requirements. Nonconforming uses are subject to the following requirements:
1. 
Reconstruction. If a structure devoted to a nonconforming use is destroyed or damaged by any cause other than actions of the owner of that structure or his agents, that structure may be rebuilt. The construction or reconstruction of the structure shall:
a. 
Conform to the setbacks, building height and floor area of the structure prior to damage or destruction; or
b. 
Conform to the setbacks, building height and other requirements of the zone in which it is located.
2. 
Alteration. A structure devoted to a nonconforming use may be structurally altered, but not enlarged or altered in a manner that changes the external dimensions of the structure.
3. 
Expansion. A structure devoted to a nonconforming use may not be enlarged, expanded or reconstructed.
4. 
A building permit for the construction or reconstruction of a structure devoted to a nonconforming use thus damaged or destroyed shall be obtained within one year of the date that the damage or destruction occurred. If a building permit is not obtained within one year, the use of the property shall be in conformance with the requirements of the zone in which it is located.
C. 
Change of Use. A nonconforming use may be changed to a conforming use. However, after a nonconforming use is changed to a conforming use it shall thereafter not be changed to a use that does not conform to the use zone in which it is located.
D. 
Discontinuance of Use.
1. 
If a nonconforming use involving a structure is discontinued for a period of one year, further use of the property shall conform to this chapter.
2. 
If a nonconforming use not involving a structure is discontinued for a period of six months, further use of the property shall conform to this chapter.
(Ord. 24-05, 6/5/2024)
The following provisions apply to nonconforming structures:
A. 
Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this chapter that could no longer be built under the terms of this chapter by reason of restrictions on area, building coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may continue so long as it remains otherwise lawful.
B. 
A nonconforming structure may be altered in a way that does not increase its nonconformity so long as the proposed alteration (within a three-year period) does not exceed 50 percent of the fair market value of the building, as indicated by the records of the county assessor. Alterations in excess of 50 percent of the fair market value of the building may be authorized in accordance with the provisions of Chapter 17.64, Setback Reduction.
C. 
A nonconforming structure may be enlarged in a way that does not increase its nonconformity provided that the total building coverage does not exceed 40 percent.
D. 
The enlargement or alteration of a nonconforming structure in a way that increases its nonconformity may be authorized in accordance with the provisions of Chapter 17.64, Setback Reduction.
E. 
Any structure or portion thereof may be altered to decrease its nonconformity.
F. 
If a nonconforming structure or nonconforming portion of a structure is destroyed by any means to an extent amounting to 80 percent of its fair market value as indicated by the records of the county assessor, it shall not be reconstructed except in conformity with the provisions of this title.
(Ord. 24-05, 6/5/2024)
Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure for which a legal permit has been issued by the city and construction has begun, provided the structure, if nonconforming or intended for a nonconforming use, is completed and is used within two years from the time the permit was issued.
(Ord. 24-05, 6/5/2024)
The following provisions apply to preexisting uses:
A. 
Purpose. The purpose of this section is to minimize hardship on land use activities that were subject to restrictive zone changes, or zoning ordinance text amendments, occurring after the adoption of the city's zoning ordinance on June 19, 1979, which were adopted to carry out overall comprehensive plan policies. As a result of these zone boundary or zoning ordinance text amendments, some land use activities no longer comply with the regulations of this title. The preexisting use regulations are a means to provide these affected uses the same general rights as those of their previous use zone. The regulations provide flexibility for expansion of the pre-existing use and as such are intended to be less restrictive than the nonconforming use provisions of Section 17.88.030.
B. 
Definition. "Pre-existing use" means:
1. 
A use existing on June 19, 1979 which was a permitted or conditional use in its use zone, as indicated by Ordinance 79-4 and the land use and zoning map contained therein, but which, as the result of a zoning ordinance map or text change, is no longer a permitted or conditional use in its use zone; or
2. 
A use constructed after June 19, 1979 in a use zone in which it was a permitted or conditional use, but which, as a result of a zoning ordinance map or text change, is no longer a permitted or conditional use in its use zone.
C. 
Requirements. Pre-existing uses shall be subject to the following requirements:
1. 
Reconstruction. If a structure devoted to a pre-existing use is destroyed or damaged by any cause other than actions of the owner of that structure or his agents, that structure may be rebuilt. There shall be no time limit on the reconstruction of a damaged or destroyed preexisting use. The construction or reconstruction of the structure shall:
a. 
Conform to the setbacks, building height and floor area of the structure prior to damage or destruction;
b. 
Conform to the setbacks, building height and other requirements of the zone in which it is located.
2. 
Building Expansion. Pre-existing uses may be structurally altered, enlarged, expanded or reconstructed on an existing site subject to the standards (e.g., building height, setbacks) of the use zone in which the use is located. In addition, the density of preexisting motels shall not exceed one motel unit per 1,000 square feet of site area. Building expansion shall include the construction of nonstructural improvements such as parking. Building expansion, other than structural alteration, of a pre-existing use that was previously a conditional use, shall require a public hearing pursuant to Section 17.16.070, Public hearing procedure and requirements. The standards for reviewing the proposed building expansion, other than structural alteration, are:
a. 
A demand exists for the use at the proposed location. Several factors which should be considered in determining whether or not this demand exists include: accessibility for users (such as customers and employees), availability of similar existing uses, availability of other appropriately zoned sites, particularly those not requiring conditional use approval, and the desirability of other suitably zoned sites for the use.
b. 
The use will not create excessive traffic congestion on nearby streets or overburden the following public facilities and services: water, sewer, storm drainage, electrical service, fire protection and schools.
c. 
The site has an adequate amount of space for any yards, building, drives, parking, loading and unloading areas, storage facilities, utilities, or other facilities which are required by city ordinances or desired by the applicant.
d. 
The topography, soils and other physical characteristics of the site are appropriate for the use. Potential problems due to weak foundation soils will be eliminated or reduced to the extent necessary for avoiding hazardous situations.
e. 
An adequate site layout will be used for transportation activities. Consideration should be given to suitability of any access points, on-site drives, parking, loading and unloading areas, refuse collection and disposal points, sidewalks, bike paths, or other transportation facilities required by the city ordinances or desired by the applicant. Suitability, in part, should be determined by the potential impact of these facilities on safety, traffic flow and control, and emergency vehicle movements.
f. 
The site and building design ensure that the use will be compatible with the surrounding area.
3. 
Site Expansion. A site expansion of a pre-existing use, beyond the existing site, shall occur only:
a. 
On abutting lots or on lots directly across a public right-of-way from the existing site of the pre-existing use; and
b. 
Where such lots were in the same ownership as the pre-existing use on the date that the pre-existing use became classified as a pre-existing use; and
c. 
Where such lots were in the same use zone as the pre-existing use, or where such lots were in a zone which allowed the preexisting use as a permitted or conditional use.
d. 
Any building shall conform to the standards (e.g., building height, setbacks) of the use zone in which the use is located. In addition, for motels that were previously in the RMA zone, the maximum lot size shall be 20,000 square feet.
4. 
Definition of Existing Site. For the purpose of subsections (C)(2) and (3) of this section, "existing site" means the lot or lots on which the pre-existing use was situated at the time the use became nonconforming.
5. 
Change of Use. A pre-existing use may be changed to a conforming use. However, after a pre-existing use is changed to a conforming use it shall thereafter not be changed to a use that does not conform to the use zone in which it is located.
6. 
Discontinuance of Use. If a pre-existing use involving a structure is discontinued for a period of one year, further use of the property shall conform to the ordinance codified in this chapter.
7. 
Determination of a Pre-existing Use. Where there is a difference between the city and a property owner on whether a particular use should be classified as a pre-existing use or a nonconforming use, the burden of proof is on the property owner to show that the definitions and requirements of this section have been met.
(Ord. 24-05, 6/5/2024)
The use of a private parking lot shall be controlled by the provisions of this section and not those of Section 17.88.030, Nonconforming uses, or Section 17.88.060, Preexisting uses. Where a private pay parking lot existed prior to the effective date of Ordinance 97-13, an amortization period of four months, from the effective date of Ordinance 97-26 is established. At the conclusion of the amortization period, the use of a nonconforming private parking lot shall be terminated.
(Ord. 24-05, 6/5/2024)