This chapter is intended to limit the number and extent of nonconforming uses by their elimination, limiting their enlargement, their reestablishment after abandonment, and the alteration, or in some cases, the restoration after destruction of the structures they occupy. While permitting the use and maintenance of existing nonconforming structures and signs, this chapter is intended to limit the number and extent of nonconforming structures and certain 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 title and by prohibiting their restoration after destruction. Eventually, certain classes of nonconforming uses and nonconforming signs are to be eliminated or altered to conform and certain uses having nonconforming screening or performance standards are to be altered to conform.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
A use lawfully occupying a structure or site that does not conform with, and which pre-existed, regulations or the site area regulations for the zone in which the use is located shall be deemed to be a non-conforming use and may be continued, except as otherwise provided in this chapter.
B. 
A structure, lawfully occupying a site that does not conform with, and which pre-existed, the standards for front yard, side yards, rear yard, height, coverage, or distances between structures for the zone 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 sign, outdoor advertising structure, or display of any character, lawfully occupying a site, that does not conform with, and which pre-existed, the standards for subject matter, location, size, lighting, or movement prescribed for signs, outdoor advertising structures, and displays for the zone in which it is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this chapter.
D. 
Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a nonconforming structure, and on a nonconforming sign.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
No structure, the use of which is nonconforming, and no nonconforming sign, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as permitted in this chapter.
B. 
No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site of another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this chapter.
C. 
No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, or distances between structures, or usable open space prescribed in the regulations for the zone in which the structure is located. Additions to existing nonconforming structures, including second story additions, may be permitted provided the new addition does not further encroach into the nonconforming setback area beyond the extent of the existing structure, or exceed the height limitation for the zone in which the structure is located, and must comply with all other requirements of the Municipal Code. Said encroachment shall be limited to an extent equal to or less than 50 percent of the length of the portion of the existing structure that projects into the required setback as described below and as depicted in Figure 18.34-1:
Figure 18.34-1 Hypothetical Diagram for Property Within the Residential Suburban (RS) Zone
1. 
If the existing, legal nonconforming encroachment is two-story and the proposed addition is single-story, then the 50 percent allowance shall be calculated based on the combined length of the existing first and second floor encroachment.
2. 
If the existing, legal nonconforming encroachment is single-story and the proposed addition is two-story, then the 50 percent allowance shall be distributed between the proposed first and second floors of the room addition.
3. 
If the existing, legal nonconforming encroachment is single-story and the proposed addition is single-story, then the 50 percent allowance shall be calculated based on the length of the existing first floor encroachment.
4. 
If the existing, legal nonconforming encroachment is two-story and the proposed addition is two-story, then the 50 percent allowance shall be calculated based on the combined length of the existing first and second floor encroachment.
5. 
Depending on specific circumstances related to lot topography, existing building design/footprint configuration, or other factors, a deviation of up to 20 percent of the calculated 50 percent allowable encroachment may be considered, subject to the granting of an administrative adjustment in accordance with Chapter 18.38 of this title.
6. 
At the discretion of the Community Development Director, any proposed addition to a legal, non-conforming structure may be referred to the Planning Commission for a determination of compliance in accordance with subsection C.
D. 
No use which fails to meet the performance standards of the zone in which it is located shall be enlarged or extended or shall have equipment replaced that results in failure to meet performance standards unless the enlargement, extension or replacement will result in elimination of nonconformity with performance standards.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Except as permitted in Sections 18.34.050 and 18.34.080, nonconforming uses, structures, and signs shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time after they become nonconforming according to Table 18.34-1.
Table 18.34-1
Nonconforming Elimination Timeframe
A. Uses
In any zone, removal of a nonconforming use that does not occupy a structure or a use occupying a structure having an assessed valuation of less than $500.00.
3 years
In an R zone, a use that is not a permitted use or a conditional use in a C-O or C-N zone.
Type IV & V Bldgs: 10 years
In an R zone, a use that is not a permitted use or a conditional use in a C-O or C-N zone.
Type III Bldgs: 15 years
In a C-G zone, a use that is not a permitted use or a conditional use in any C zone or any M zone.
Type I & II Bldgs: 20 years
Note: All references to building types shall be as defined in the latest adopted edition of the Uniform Building Code.
B. Structures
Removal or alteration of a nonconforming structure having an assessed valuation of less than $500.00.
5 years
Removal or alteration of a nonconforming satellite antenna.
2 years
C. Screening and performance standards
Elimination of nonconformity with screening requirements and performance standards.
3 years
D. Signs
In an R zone, removal of a nonconforming advertising or identification sign or structures.
1 year
In any zone, removal of a nonconforming sign painted on a wall.
1 year
In any zone, elimination of nonconforming lighting or movement.
1 year
In any zone other than an R zone, removal of a nonconforming advertising sign or structure.
3 years
(Ord. 2004-884; Ord. 2019-1056 § 3)
A use permit may be granted for conversion of a nonconforming use to another nonconforming use; provided, that the Planning Commission finds that the proposed nonconforming use will not have a greater adverse impact on the surrounding area than the existing or former nonconforming use, and provided further that the proposed nonconforming use shall be a use that would be permitted to continue in the zone in which it would be located as prescribed in Section 18.34.100.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
Whenever a structure which is located in any commercial or industrial zone which does not comply with the standards for the front yard, side yards, rear yard, height of structures, or distances between structures prescribed in the regulations for the commercial or industrial zone in which the structure is located, or the use of which does not conform with the regulations for the commercial or industrial zone in which the use is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50 percent or the structure 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 commercial or industrial zone in which it is located and the nonconforming use shall not be resumed.
B. 
When a structure is located in a residential zone and the use of which does not conform with the regulations for a residential zone in which it is located by virtue of its use being commercial or industrial is destroyed by fire or other calamity, by act of God, or by the public enemy, to the extent of 50 percent or less, the structure may be restored and the nonconforming commercial or industrial use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50 percent or the structure 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 residential zone in which it is located and the nonconforming commercial or industrial use shall not be resumed.
C. 
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 duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Whenever a nonconforming use has been discontinued or changed to a conforming use for a continuous period of 180 days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located, provided that this section shall not apply to nonconforming dwelling units. Discontinuation shall include cessation of a use regardless of intent to resume that use.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Whenever a use, a structure, screening and performance standards or a sign becomes nonconforming because of a change of zone boundaries or a change of regulations for the zone in which it is located, the period of time prescribed in this chapter for the elimination of the use, the removal of the structure or sign, or compliance with screening and performance standards shall be computed from the effective date of the change of zone boundaries or regulations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The following uses, when nonconforming, need not to be removed and under certain conditions may be expanded provided that they shall be subject to the provisions of Sections 18.34.060 and 18.34.070:
A. 
In any zone, a residential use, provided that the number of dwelling units shall not be increased.
B. 
In an R zone, a nonresidential use that is a permitted use or a conditional use in the C-O or C-N zone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than 10 percent in any five-year period.
C. 
In any C-G zone, a use that is a permitted use or a conditional use in any C zone or any M zone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied for the use by not more than 10 percent in any five-year period.
D. 
In an M zone, a use that is a permitted use or a conditional use in any M zone may be continued, provided that nonconformity with screening and performance standards requirements shall be eliminated as prescribed in Table 18.34-1. A conditional use permit may be granted for expansion of the floor area or the site area.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Community Development Director shall determine the existence of nonconforming uses listed in Section 18.34.040, and shall promptly notify the owner by certified or registered mail of the date by which compliance with the provisions of Section 18.34.040 will be required. The first notification shall precede the date by which elimination is required by not less than the time periods prescribed in Section 18.34.040. Thereafter, notification shall be given annually in the same manner as the first notification. Failure to give the aforementioned notice shall not constitute an acceptance by the City of the nonconforming use and grants no rights or entitlements of any kind concerning the nonconforming use.
(Ord. 2004-884; Ord. 2019-1056 § 3)