This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their re-establishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures and nonconforming signs by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this Code or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.
B. 
A structure, lawfully occupying a site on the effective date of the ordinance codified in this Code or of amendments thereto, that does not conform with the standards for front yards, side yards, rear yards, height, or floor area of structures, driveways, courts, or open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.
C. 
A use that does not conform with the parking, loading, planting area, landscaping, screening, or sign regulations of the zoning district in which it is located shall not be deemed a nonconforming use solely because of one or more of these nonconformities.
D. 
Routine maintenance and repairs may be performed on a structure, the use of which is nonconforming, and on a nonconforming structure or nonconforming sign.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Nonconforming Uses May Not Be Expanded. A nonconforming use may not be expanded, except as an exception pursuant to this subsection.
1. 
Any enlargement, alteration, or relocation of a structure or site that would increase the area to be occupied by the nonconforming use is not allowed.
2. 
The Zoning Enforcement Official may approve a minor alteration, such as tenant improvements, to a structure containing a nonconforming use, providing that the alterations do not increase the existing area or degree of nonconformity.
3. 
A nonconforming use shall not be enlarged, extended or expanded, including an expansion to the hours of operation beyond those established at the time the use became nonconforming.
4. 
Exception for Nonconforming Single-Family and Two-Family Uses. A nonconforming single-family or two-family residential use may be enlarged, subject to a use permit issued by the Planning Commission. The Planning Commission, in addition to the findings required for a use permit, shall make the following findings:
a. 
That the expansion of the nonconforming single-family or two-family dwelling and, thus, the perpetuation of the nonconforming residential use will not be detrimental to the economic vitality of the area and surrounding conforming uses; and
b. 
That the enlarged single-family or two-family dwelling is visually compatible with the nearby conforming and nonconforming uses and upgrades the overall condition of the structure and the neighborhood.
5. 
Exception for Nonconforming Clubs, Lodges and Religious Assembly Uses in Commercial Zoning Districts. A nonconforming club, lodge, or religious assembly use that lawfully existed in a commercial zoning district prior to May 7, 2003, may be enlarged, subject to a use permit issued by the Planning Commission. The Planning Commission, in addition to the findings required for a use permit, shall make the following findings:
a. 
That the expansion of the existing nonconforming club, lodge or religious assembly use and, thus, the perpetuation of the nonconforming club, lodge, or religious assembly use will not be detrimental to the economic vitality of the area and surrounding conforming uses; and
b. 
That the enlarged club, lodge, or religious assembly use is visually compatible with the nearby conforming and nonconforming uses and upgrades the overall condition of the structure and the neighborhood.
B. 
Nonconforming Structures and Buildings.
1. 
Alterations and Reconstruction Shall Not Increase Nonconformity. No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, distances between structures, parking, driveways, or open space prescribed in the regulations for the zoning district in which the structure is located.
2. 
Enlargements and Relocations Shall Conform. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yards, side yards, rear yards, height of structures, maximum allowable floor area, distances between structures, parking, driveways, or open space prescribed in the regulations for the zoning district in which the structure is located.
3. 
Additions Exceeding 50 Percent of the Nonconforming Structure's Value Not Permitted. No nonconforming building shall be enlarged or altered if the total estimated construction cost of the proposed enlargement or alteration, plus the total estimated construction costs of all other enlargements or alterations for which building permits were issued within the preceding 36-month period, exceeds 50 percent of the total estimated cost of reconstructing the entire nonconforming building, unless the proposed enlargement or alteration would render the building conforming. For the purposes of this section, estimated construction and reconstruction costs shall be determined by the Building Official in the same manner as the valuation for building permit fees is determined.
4. 
Additions that Increase Nonconformity Requires Variance Approval. Any enlargements or alterations shall conform to requirements in effect at the time of issuance of the building permit. Nonconforming structures that would be enlarged or altered in any manner that serves to increase the degree of nonconformity, or exceed the 50 percent limitation prescribed above, shall not be permitted unless a variance is obtained, as appropriate.
Exceptions.
a. 
Where a building is nonconforming only by reason of one substandard front or interior yard, provided that all nonconforming interior side yards are not less than three feet in width, the building may be enlarged or altered without regard to the estimated construction cost.
b. 
Where a building is nonconforming only by reason of a substandard side yard and/or rear yard adjacent to a public street, the building may be enlarged or altered without regard to the estimated construction cost.
C. 
Nonconformance with Performance Standards. No use which fails to meet the performance standards of Section 4.04.340 Performance Standards shall be enlarged or extended or shall replace equipment that results in the use's failure to meet the performance standards, unless the enlargement, extension, or replacement equipment will result in elimination of nonconformity with required performance standards.
D. 
Nonconforming Signs. No nonconforming sign shall be altered or reconstructed so as to increase the nonconformity, nor shall such a sign be moved except in accord with Section 4.12.116 Regulations for Off-Site Advertising Signs unless the new location and/or reconstruction makes the sign conform to the regulations of Chapter 4.12 Signs.
(Ord. 2001-015 § 1; Ord. 2003-006 § 7; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)
A. 
Abandoned Uses Shall Not Be Re-Established. A nonconforming use that is substantially discontinued or changed to a conforming use for a continuous period of 180 calendar days or more shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located, provided that this section shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall constitute cessation of a use regardless of intent to resume the use. The burden of proof in establishing whether a nonconforming use has been discontinued for less than 180 consecutive days shall be upon the operator of the use or person requesting re-establishment.
B. 
Substitution of Nonconforming Uses. A nonconforming use may be substituted for another nonconforming use, provided that: (1) the previous use has not been discontinued for a continuous period of 180 calendar days, or more; and (2) the new substituting use is of lesser nonconformity than the previous use, based on the consistency of the new use with the stated purpose of the applicable zoning district and its relative compatibility with surrounding permitted uses, as determined by the Zoning Enforcement Official.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Structures Damaged by 50 Percent or Less May Be Restored. Whenever a structure that does not comply with the standards for yards, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity or by an act beyond the control of the property owner to the extent of 50 percent or less, the structure may be restored, and the nonconforming use may be resumed, provided that a building permit for restoration or other work satisfactory to the Zoning Enforcement Official is obtained within six months and construction diligently pursued to completion. An extension of the six month period may be reviewed and approved by the Community Development Director if the applicant can prove extenuating circumstances beyond the applicant's control exist.
B. 
Structures Damaged by Greater than 50 Percent May Not Be Restored. Whenever a structure that does not comply with the standards for yards, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which it is located or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, or by an act beyond the control of the property owner to an extent greater than 50 percent or is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is obtained, and the nonconforming use shall not be resumed.
1. 
Exceptions for the Restoration of Residential Structures.
a. 
Residential structures in R districts that do not conform to standards for yards, height of structures, open space, or lot area per unit may be reconstructed with the same floor area, whatever the extent of the damage, subject to Administrative Review and approved by the Zoning Enforcement Official, and provided there is no increase in any nonconformity.
b. 
Residential structures in Commercial or Industrial districts that do not conform to standards for yards, height of structures, open space, lot area per unit, or use, may be reconstructed with the same floor area, whatever the extent of the damage, subject to a use permit issued by the Planning Commission. To approve the reconstruction where there is not to be an increase in any nonconformity, the Planning Commission, in addition to the findings required for a use permit, shall make the following findings:
i. 
That the reconstruction of the nonconforming structure and/or use will not be detrimental to the economic vitality of the neighborhood and surrounding conforming uses; and
ii. 
That the reconstruction of the nonconforming structure and/or use will not pose a new risk to the occupants of the structure.
c. 
Single-Family Residential uses in Commercial or Industrial Districts may be reconstructed to a size larger than the damaged structure, subject to a use permit issued by the Planning Commission. The Planning Commission, in addition to the finding required for a use permit and to those required in paragraph 1.b, shall also make the findings required in Subsection A.4 of Section 4.20.108 Alterations and Expansions.
d. 
Nonconforming residential uses other than Single-Family may not be expanded when reconstructed.
2. 
Exceptions for the Restoration of Commercial Structures.
a. 
Commercial structures in Commercial districts that do not conform to standards for yards, height of structures, open space, or parking may be reconstructed with the same floor area, whatever the extent of the damage, subject to Administrative Review and approved by the Zoning Enforcement Official, provided there is no increase in any nonconformity.
b. 
Commercial structures in Residential districts that do not conform to standards for yards, height of structures, open space, parking, or use may be reconstructed with the same floor area, whatever the extent of the damage, subject to a use permit issued by the Planning Commission, provided there is no increase in any nonconformity. The Planning Commission, in addition to the findings required for a use permit, shall make the following findings:
i. 
That the reconstruction of the nonconforming structure and/or use will not be detrimental to the surrounding residential neighborhood; and
ii. 
That the past operation of the commercial establishment in this residential district has not resulted in a significant negative effect on the surrounding neighborhood.
C. 
Determining the Extent of Damage. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of a comparable building. For the purposes of this section, estimated construction and reconstruction costs shall be determined by the Building Official in the same manner as the valuation for building permit fees is determined.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)
An applicant for a building permit pertaining to a site or structure, located in a C, P, or I District that is nonconforming due to lack of screening of mechanical equipment, required walls or fences to screen parking, or outdoor storage or activity, required paving for driveways, or required planting areas, shall submit for approval by the Zoning Enforcement Official a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The Zoning Enforcement Official may require that priority be given to elimination of nonconformities that have significant adverse impacts on surrounding properties and shall not require a commitment to remove nonconformities that have minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
Nothing in this section shall preclude the maintenance of legal nonconforming residential and accessory structures, residential and accessory uses, and fences in R districts. These legal nonconforming residential and accessory structures, residential and accessory uses, and fences in R districts must be maintained in conformance with all applicable local ordinances, including, but not limited to, the Uniform Housing and Building Codes.
A. 
Nonconforming Use When No Structure Involved. In any district the nonconforming use of land shall be discontinued within one year from the effective date of the ordinance codified in this chapter or one year from the date such use becomes nonconforming, whichever date is later.
1. 
Exceptions. Preexisting parking lots in R districts that serve adjacent commercial uses shall not be considered nonconforming.
B. 
Nonconforming Use in a Structure. All nonconforming uses shall be discontinued within the time periods specified below, unless an exception is granted pursuant to Subsection C.
1. 
C, P, NA, SA, and I Districts. Seven years from the date of notification of nonconformity.
C. 
Notification and Exception Procedures. The Zoning Enforcement Official shall determine those properties for which there was a lawfully existing use, permitted, or conditionally permitted, in the district in which they were located prior to the date of adoption of this Code and which uses and buildings were rendered nonconforming by reason of adoption of the ordinance codified in this chapter and the zoning map. Written notice of such nonconformance, the termination procedures, and requirements of this section shall be mailed to the owner of record and to the occupant of each such property. Within two years of the date of mailing of such notice, any property owner, lessee with the consent of the owner, or purchaser of such property acting with the consent of the owner may apply to have such property excepted from the provisions of this section.
1. 
Application Requirements. An application for an exception from the requirements of this section shall be initiated by submitting the following material and any other information deemed necessary for the determination of the Zoning Enforcement Official:
a. 
A completed application form, signed by the property owner or authorized agent, stating the location and size of the property, the use on the date of adoption of this Code, and the reasons indicating that the use or structure is compatible with and will not be detrimental to uses designated in the General Plan for the surrounding area.
2. 
Commission Review. The Planning Commission shall hold a duly noticed public hearing within a reasonable time, following the procedures established in Chapter 5.08 Use Permits and Variances, on each application for an exception from the termination requirements of this section. Upon the conclusion of the hearing, the Commission shall determine whether the use of the property on the date of adoption of this Code is compatible with and not detrimental to the land uses designated in the General Plan for the surrounding area and properties. If it so finds, it shall recommend to the City Council that the use shall be excepted from the termination provisions of this section. The Commission may recommend such conditions as it may find necessary to ensure compatibility, including, but not limited to: required improvement of or modifications to existing improvements on the property, limitations on hours of operations, limitations on the nature of operations, and a specified term of years for which the exception shall be granted.
3. 
Council Action. Upon receipt of the recommendation of the Planning Commission, the City Council shall consider the application within a reasonable time. The Council may, at its option, conduct a public hearing on the application. If the City Council finds that the use of the property is compatible with and not detrimental to those land uses designated in the General Plan for the surrounding area and properties, it shall, by motion, except said use from the termination provisions of this section. In granting such exception, the City Council may impose such conditions as are deemed necessary to ensure such compatibility, including, but not limited to, the conditions set out in Subsection C.2. The action of the City Council shall be mailed to the owner of the nonconforming property within ten working days and filed for record in the office of the County Recorder.
(Ord. 2001-015 § 1; Ord. 2004-007 § 7; Ord. 2020-002 § 4; Ord. 2022-001 § 3)