This chapter establishes regulations for legal nonconforming
land uses, structures, and parcels. These are land uses, structures,
and parcels within the City that were lawfully established, constructed,
or subdivided before the adoption or amendment of this code, but which
would be prohibited, regulated, or restricted differently under the
current terms of this code or its amendments. This chapter is intended
to encourage the City's continuing improvement by limiting the extent
to which nonconforming structures and uses may continue to be used,
expanded, or replaced, while improving the health, safety, and welfare
of all residents without creating an economic hardship for individual
property owners or business owners.
(Ord. 2097 § 3, 2013)
A nonconforming use which occupies a structure that is voluntarily
demolished or demolished because of a maintenance failure or other
neglect can be replaced only with a use that fully complies with all
applicable provisions of this code.
(Ord. 2097 § 3, 2013)
(A) A nonconforming use cannot be altered or enlarged unless a conditional
use permit is first obtained. There cannot be an expansion of a nonconforming
use or the building that houses a nonconforming use onto an adjacent
or abutting lot or parcel of land.
(B) A nonconforming use previously allowed by a conditional use permit
but is no longer permitted by this code within the applicable zoning
district can continue in operation, but only in compliance with all
provisions of the original conditional use permit.
(Ord. 2097 § 3, 2013; Ord. 2139 § 2, 2016)
A nonconforming nonresidential use, structure, or lot may continue to be used provided no alterations, expansions, or intensification of uses are made, except as permitted by Sections
21.30.070 through
21.30.110.
(Ord. 2097 § 3, 2013)
(A) Enlargement or Expansion. A nonconforming use cannot be expanded
or increased to occupy a greater floor area or portion of the site
that it lawfully occupied before becoming a nonconforming use. Alterations
which do not increase or expand a nonconforming use may be approved.
(B) Extended Hours. The hours of business for a nonconforming use may
be expanded to operate under extended business hours with a conditional
use permit.
(C) A nonconforming use can be changed to a less intensive nonconforming
use.
(Ord. 2097 § 3, 2013; Ord. 2139 § 3, 2016)
A nonconforming use that is voluntarily discontinued or ceases
operations for a continuous period of 12 months or more cannot be
reestablished on the site. Any further use of an existing structure
onsite must be used in conformity with all applicable provisions of
this code.
(Ord. 2097 § 3, 2013)
Except as otherwise provided by applicable law, a residential
nonconforming structure containing two or more dwelling units that
is damaged or destroyed by fire, earthquake, or other calamity beyond
the property owner's control may be reconstructed in compliance with
this code as follows:
(A) The replacement structure contains at most the same number of dwelling
units and floor area as the damaged structure;
(B) The replacement structure complies with all other applicable provisions
of this code to the maximum extent feasible;
(C) Reconstruction or rebuilding of the structure will not be detrimental
or injurious to the health, safety, or general welfare of the persons
residing or working in the neighborhood, and will not be detrimental
or injurious to the property and improvements in the neighborhood;
and
(D) A complete application for reconstruction is submitted within 12
months of the date of the damage, and reconstruction is commenced
within 180 days of land use permit approval.
(Ord. 2097 § 3, 2013)
Except as otherwise provided by applicable law, a damaged single-family
dwelling or nonresidential structure that is damaged or destroyed
by fire, earthquake, or other calamity beyond the property owner's
control may be reconstructed in compliance with this code as follows:
(A) Less Than Fifty percent Destruction. A structure with less than 50%
or more of the total length of its original exterior walls remaining
in place after the damaging event, requiring no replacement, may be
reconstructed provided that:
(1) The reconstructed structure occupies the same footprint or decreases
the nonconformity of the structure, and is of no greater height than
the original structure; and
(2) A complete application for reconstruction is submitted within 12
months of the date of the damage, and reconstruction is commenced
within 180 days of land use permit approval.
(B) More Than Fifty percent Destruction. A structure that is damaged
so that more than 50% of the total length of its original exterior
walls must be replaced may be reconstructed provided that:
(1) The structure must be rebuilt to comply with the City's design standards
to the extent feasible; and
(2) The reconstructed structure must be provided at least as much parking
as previously existed and as much as determined by the City Planner
to be feasible.
(C) Replacement After Demolition. A nonconforming structure that is completely
destroyed can be replaced only with a structure that complies with
all applicable provisions of this code.
(Ord. 2097 § 3, 2013)
Nonconforming fences and walls cannot be expanded or altered
unless they are altered to conform with this code.
(Ord. 2097 § 3, 2013)
Based on substantial evidence, the Planning Commission can find
that a national, State, or local designated historic use or structure
is nonconforming and exempt from this chapter.
(Ord. 2097 § 3, 2013)
If removal of a nonconforming use, structure, or building is
not performed by the date specified in the order issued by the City
Planner, Planning Commission, or City Council, as the case may be,
the City may remove the nonconforming use, structure or building and
charge the property owner or record a lien on the subject property
for the cost of the removal.
(Ord. 2097 § 3, 2013)
The foregoing provisions of this chapter concerning the required
removal of nonconforming buildings and structures and uses, and the
reconstruction of nonconforming buildings and structures partially
destroyed, shall not apply to public utility buildings and structures
when such buildings and structures pertain directly to the rendering
of the service or distribution of a utility, such as steam electric-generating
stations, electrical distribution and transmission substations, communications
equipment buildings, water wells and pumps, gas storage, metering
and valve control stations; nor shall any provision of this chapter
be construed or applied so as to prevent the expansion, modernization
or replacement of such public utility buildings, structures, equipment
and facilities, as are used directly for the delivery of or distribution
of the service, provided that buildings, structures or uses not immediately
related to the direct service to consumers, such as warehouses and
storage yards are not exempt.
(Ord. 2097 § 3, 2013)