(a)
Purpose. The provisions of this Article are intended to regulate the continuation, alteration, and eventual elimination of land uses, buildings, and structures that were lawfully established but that no longer conform to the use regulations or development standards of this Code due to subsequent changes in zoning, land use regulations, or other applicable laws.
The City recognizes that nonconforming situations may arise through no fault of the property owner; however, it is the policy of the City that such nonconformities are inconsistent with the long-term planning objectives of the General Plan and this Code and should be discouraged and eliminated over time, subject to reasonable limitations consistent with state law.
(b)
Distinction between nonconforming uses and nonconforming structures. For purposes of this Article, nonconformities are categorized as follows:
(1)
Nonconforming uses, which involve the nature or type of activity conducted on a site or within a structure that is not permitted by the zoning district in which it is located; and
(2)
Nonconforming structures, which involve the physical characteristics, location, or dimensions of a building or structure that do not comply with applicable development standards, regardless of whether the use conducted therein is conforming or nonconforming.
Nonconforming uses and nonconforming structures are separate and independent concepts, and the regulations applicable to each are intended to operate independently except where expressly stated otherwise in this Article.
(c)
Intent regarding nonconforming uses. Nonconforming uses are recognized as a temporary accommodation and not as a vested entitlement to continued operation indefinitely. It is the intent of this Article to:
(1)
Allow the limited continuation of nonconforming uses under defined conditions;
(2)
Prevent the expansion, intensification, enlargement, or re-establishment of nonconforming uses, except where expressly authorized by this Code;
(3)
Encourage the conversion of nonconforming uses to conforming uses; and
(4)
Provide for the eventual elimination of nonconforming uses through abandonment, discontinuance, amortization, redevelopment, or other lawful means.
(d)
Intent regarding nonconforming structures. Nonconforming structures may be permitted to remain, subject to reasonable regulation, in order to avoid unnecessary hardship or constitutional infirmity. It is the intent of this Article to:
(1)
Allow ordinary repair and maintenance of nonconforming structures;
(2)
Regulate the enlargement, alteration, reconstruction, or replacement of nonconforming structures in a manner that reduces nonconformity where feasible; and
(3)
Avoid conferring any right to perpetuate, expand, or intensify structural nonconformity beyond that which lawfully existed.
(e)
No enlargement of rights. Nothing in this Article shall be construed to:
(1)
Authorize the establishment of any new nonconforming use or structure;
(2)
Create a vested right to expand, intensify, or continue a nonconforming use or structure except as expressly allowed herein; or
(3)
Limit the City's authority to enforce this Code, abate nuisances, or exercise its police powers in a lawful manner consistent with state law.
(f)
Applicability and interpretation. This Article shall be interpreted narrowly in favor of conformity with current zoning regulations. In the event of ambiguity, the interpretation that most closely advances the reduction of nonconformity and the elimination of nonconforming uses shall be favored, to the extent consistent with state law and constitutional protections.
(1343-CS, Rep&ReEn, 4/9/2026)