Within the zones established by this zoning code or amendments that may later be adopted, there exist or will exist lots, structures, and uses of land and structures which were lawful before the adoption or amendment of this zoning code, but which no longer comply. The intent of this chapter is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their survival. Such uses and structures are declared to be incompatible with permitted uses, structures and standards in the zones involved, and it is intended that they shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as may be expressly permitted in this chapter.
(Ord. 425, 10-14-1968)
When a nonconforming use or structure exists on any lot or parcel of land, no new use or structure may be established or built on such land unless the required lot area, dimensions, yards and open spaces are provided for each existing and proposed use, structure and improvement. These uses shall be so located that the lot or parcel of land, if divided into smaller lots or parcels, each of said parcels will contain the area, dimensions, yards and open space required and the number and location of structures on each will comply with the requirements of this title when considered as a separate lot or parcel. In instances where there is the intent to divide or subdivide, additional conforming structures shall not be permitted until after the parcel has been divided or subdivided in accordance with law. Access acceptable to the city shall be provided to all lots where such division is permitted.
(Ord. 425, 10-14-1968)
Lots of record in residential zone. In any residential zone a dwelling and accessory buildings of the type permitted in such zone may be erected on any single lot lawfully created and of record on the effective date of the adoption or amendment of this zoning code, notwithstanding limitations on lot area, width or depth imposed by other provisions of the zoning code. Yard and outdoor living and open space requirements shall be complied with unless waived by variance.
(Ord. 425, 10-14-1968)
A. 
Continuation of nonconforming use of land. A lawful use of land made no longer permissible under the terms of this zoning code as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. 
Such use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this zoning code or applicable amendment.
2. 
Such use shall not be moved in whole or in part to any portion of the lot or parcel of land occupied by such use on the effective date of this zoning code or applicable amendment.
3. 
If such use ceases for any reason for a period of more than six (6) consecutive calendar months, any subsequent use of such land shall conform to the requirements of this title for the zone in which it is located.
4. 
If provision is made for the termination of such use, any use of such land after termination shall conform to the requirements of this title for the zone in which it is located.
B. 
Continuation of nonconforming use of structure. A lawful use of a structure, or of a structure and land in combination, under the terms of this zoning code as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. 
No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this title.
2. 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.
3. 
If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no more detrimental to the zone than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards.
4. 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
5. 
When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six (6) consecutive calendar months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
6. 
Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the nonconforming use of the land. Destruction for the purpose of this paragraph means damage to an extent of more than fifty percent (50%) of the replacement cost of the structure immediately prior to destruction.
7. 
When a nonconforming use of a structure is replaced by a more restrictive nonconforming use, the occupancy may not thereafter revert to a less restrictive use.
8. 
If provision is made for the termination date of such use, any use of such land after termination shall conform to the requirements of this title for the zone in which it is located.
(Ord. 425, 10-14-1968)
A. 
Any structure made nonconforming by this title as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. 
Such structure may not be enlarged or altered in a way which increases its nonconformity, except as specifically provided for by this title.
2. 
Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost immediately prior to destruction, it shall not be reconstructed except in conformity with the provisions of this title.
3. 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.
4. 
Such structure may be repaired provided: the work consists only of the repair and replacement of nonbearing walls, fixtures, wiring or plumbing; and where the aggregate costs do not exceed the current assessed value of the improvements; and where the cubic space within the structure as it existed at the time of adoption or amendment of this zoning code is not increased.
5. 
If provision is made for the termination of such structure or its nonconforming characteristics, any use of such land after the termination date shall conform to the requirements of this title for the zone in which it is located.
B. 
Notwithstanding any of the foregoing provisions of this section or any other section of this chapter, a nonconforming structure shall not be changed in its utilization to another use in any land use zone until the said structure meets all applicable requirements for new construction for said use under the various ordinances and code provisions of this city then in effect, including but not limited to Building and Fire Code provisions and property development standards for the particular zone.
C. 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city or state official charged with protecting the public health or safety, upon order of such official.
(Ord. 425, 10-14-1968; Ord. 444, 7-14-1969)
In the absence of proof to the contrary, replacement cost as used in this chapter shall mean four (4) times the assessed value of the structure at the time of the destruction.
(Ord. 425, 10-14-1968)
A. 
Any structure for which a valid building permit has been granted prior to the adoption of this zoning code or amendment thereto, as the case may be, and the actual construction of which has been started prior to the effective date of this zoning code or amendment, may be completed in accordance with the plans and specifications on file in the Building Department, even though not conforming with the provisions of this title or amendments thereto, as the case may be, provided:
1. 
The construction of proposed use of the structure is not in violation of any other ordinance or law; and
2. 
Work on construction of the structure is diligently carried on and completed within a reasonable time.
B. 
Actual construction shall be deemed to have started when construction materials have been placed in permanent position and have been permanently fastened. Excavation which has been substantially begun preparatory to rebuilding shall be deemed to be actual construction if carried on diligently to and including rebuilding.
(Ord. 425, 10-14-1968)
Additions, extensions and alterations may be made to any nonconforming public use, including but not limited to schools, parks, libraries and fire stations, if the addition, extension or alteration:
A. 
Does not extend beyond the boundaries of the site in existence when the use became nonconforming; and
B. 
Does not infringe upon any off-street parking required by this chapter.
(Ord. 425, 10-14-1968)
A. 
Existing conforming buildings whose off-street parking and loading facilities do not conform to the provisions of this title may only be expanded or facilities added, provided that the requirements for off-street parking and loading spaces have been complied with for those facilities which are added and enlarged.
B. 
Any single-family dwelling which does not conform to the provisions of this title may be expanded without providing additional parking spaces only if the addition or alteration increases the original residential floor area by the lesser of:
1. 
500 square feet, or
2. 
25% increase from the original residential floor area.
(Ord. 425, 10-14-1968; Ord. 1269, 12/2/2025)
Uses and buildings which are existing under a variance, minor conditional use permit, or a conditional use permit granted under this title or any previous ordinance shall not be considered as nonconforming and shall be permitted to continue under the conditions and regulations imposed in such permit or variance and may be expanded or enlarged upon first obtaining a conditional use permit or a minor conditional use permit, as applicable, under the provisions of § 20.408.030 of this title.
(Ord. 425, 10-14-1968; Ord. 1250, 5-21-2024)
The right to continue a nonconforming use shall terminate as follows:
A. 
Changing such use to another use not permitted in the zone, except as expressly permitted in this chapter.
B. 
Increasing or enlarging the area, space or volume occupied or devoted to such use, except as expressly permitted in this chapter.
C. 
Adding a conforming or nonconforming use, except as permitted in this chapter.
(Ord. 425, 10-14-1968)
A. 
The nonconforming uses and structures are found to be a public nuisance.
B. 
The nonconforming uses and structures are in violation of any applicable law.
C. 
The nonconforming uses and structures meet any of the conditions that triggers termination as specified in this chapter.
(Ord. 425, 10-14-1968; Ord. 1254, 3-18-2025)
A. 
Any nonconforming sign that does not conform to provisions of Chapter 20.28 of this title shall be permitted to continue, provided that any structural change or alteration that requires a building permit or other permit is not made to the sign.
1. 
If any structural change or alteration of any sign that requires a building or other permit is proposed, such request shall be subject to the approval of the Planning Commission, through a conditional use permit proceeding as prescribed in § 20.408.030.
a. 
Findings. In lieu of other conditional use permit findings required by this zoning code, before the approval authority, or City Council on appeal, may approve a conditional use permit for a structural change or alteration of a nonconforming sign, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:
i. 
That the proposed modifications to the sign do not increase the height or area of sign copy and bring the sign closer to conformity with the code;
ii. 
That the changes proposed improve the aesthetics of the sign; and
iii. 
That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the public.
(Ord. 1254, 3-18-2025)
A. 
For any nonconforming building annexed to the city after October 14, 1968, the time periods as established in this chapter, shall become operative and date of removal shall be computed from the date the building became part of the city.
B. 
For any nonconforming use or structure as set forth in this chapter which was annexed to the city after the effective date of this zoning code or amendment thereto, the time periods as established shall become operative and computed from the date the use or structure became part of the city.
(Ord. 425, 10-14-1968)
The Council may, after notice and public hearing, revoke the right to continue a nonconforming use or structure, as follows:
A. 
Notice. Notice shall be mailed to the recorded owner of the property not less than twenty (20) days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by said owner at the time and place specified for the hearing, to show cause why the permit should not be revoked.
B. 
Council action. Within fifteen (15) days after the public hearing, the Council may by resolution revoke or modify the nonconforming status of the use or structure.
(Ord. 425, 10-14-1968)
Nothing in this title pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding and continued use of public utility buildings, structures, equipment and facilities, provided that there be no change of use nor enlargement of those areas so used.
(Ord. 425, 10-14-1968)
Notwithstanding any other provisions of this zoning code, any nonconforming uses shall be maintained in accordance with the property development standards and requirements established for said use, including any and all specific plans heretofore or hereafter adopted.
(Ord. 425, 10-14-1968; Ord. 873, 9-5-1989)