Chapter 18.160
NONCONFORMITIES
Sections:
18.160.020 Nonconforming uses.
18.160.030 Nonconforming structures.
18.160.040 Nonconforming lot of record.
18.160.050 Nonconforming site.
18.160.060 Existing single-family detached residences in nonresidential zoning districts.
18.160.070 Continuation of prior conditional use permits and variances.
18.160.080 Applicability to property regulated under the shoreline master program.
18.160.010 Purpose.
Within the zoning districts established by this title or any amendment later adopted, there may exist lots, structures, and uses of land that were lawful before the effective date of the applicable regulations, but that would be restricted, regulated or prohibited under the terms of this title or future amendment. This chapter is intended to permit these nonconformities to continue as is until they are removed but not to encourage their perpetuation. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, IX(A)), 2003. Formerly 18.88.010)
18.160.020 Nonconforming uses.
A. A nonconforming use is the use of a structure or land that does not conform to the regulations of the district in which the use exists, usually due to changes in zoning ordinance requirements or annexation.
B. A nonconforming use may continue by successive owners or tenants; provided, however, that the nonconforming use may not be intensified.
C. If a nonconforming use of a structure or land is discontinued for a period of twelve months or greater, the use is presumed abandoned, unless a contrary intent is proven by the property owner. Any subsequent use shall thereafter conform to the regulations of the district in which it is located. Discontinuation of use shall be evidenced by at least one of the following:
1. When normal occupancy and/or use has ceased.
2. When characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment.
3. When there are no business receipts available for the twelve-month period.
D. A structure that houses a nonconforming use may not be expanded, redeveloped, or relocated unless the nonconforming use is eliminated; provided, that normal maintenance and repair are allowed. No additional structure(s) may be erected in association with the nonconforming use.
E. The planning director may allow a nonconforming use of a structure or land to be substituted with a different nonconforming use, upon determining that:
1. The replacement use will not adversely affect the character of the zone in which it is proposed to be located;
2. The proposed use is more consistent with the zone than the existing nonconforming use; and
3. The replacement use will not result in enlargement of the space occupied by the existing nonconforming use.
F. If a structure containing a nonconforming use is damaged by sudden and unforeseeable events out of the property owner’s control, such as fires or windstorms, the nonconforming use may continue and the structure may be reconstructed to the same or smaller configuration existing prior to the time the structure was damaged or destroyed. A building permit must be applied with the city within twelve months of the event and shall comply with all applicable building codes in force at the time of repair or reconstruction; provided, that the city council may extend this twelve-month period if extenuating circumstances (e.g., insurance litigation) have prevented the applicant from applying for permits. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, IX(B), (C), (E)), 2003. Formerly 18.88.020, 18.88.030, 18.88.050)
18.160.030 Nonconforming structures.
A. A nonconforming structure is a structure which does not conform to the dimensional regulations, including but not limited to setback, height, lot coverage, density and building configuration regulations, of the district in which it is located, usually due to changes in zoning ordinance requirements or annexation.
B. A structure nonconforming to the dimensional standards of this title may not be expanded, redeveloped or relocated unless the enlarged area or alteration is in conformance with the requirements of the zone in which it is located.
C. Routine maintenance and repairs are permissible; provided, they are restricted to the repairs or replacement of structural elements, fixtures, wiring and plumbing required so as to protect occupants and public safety. The need for such repairs or replacements shall be confirmed by the building official.
D. A nonconforming structure damaged by sudden and unforeseeable events out of the property owner’s control, such as fires or windstorms, may be reconstructed up to the original size, placement and density. A building permit must be applied with the city within twelve months of the event and shall comply with all applicable building codes in force at the time of repair or reconstruction; provided, that the city council may extend this twelve-month period if extenuating circumstances (e.g., insurance litigation) have prevented the applicant from applying for permits.
E. A nonconforming structure that is damaged by property owner initiation or has deteriorated due to lack of maintenance or repair may be restored only to conform to the applicable provisions of its zoning district.
F. Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety and upon order of such official. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, IX(D)), 2003. Formerly 18.88.040)
18.160.040 Nonconforming lot of record.
A. A nonconforming legal lot is a lot that does not conform to the area, width, depth or street frontage regulations of the district in which it is located, usually due to changes in zoning ordinance requirements, condemnation or annexation.
B. In any zoning district, permitted uses and structures may be erected on any lot that is of record; provided, that the permitted structures shall be erected on a nonconforming lot so that all dimensional requirements of the zoning district in which it is located are complied with, or a variance has been granted.
C. The planning director may request evidence that demonstrates that the lot is a legal lot of record.
D. Two or more legally nonconforming lots may be combined, even if the resulting lot does not satisfy the minimum lot area requirement in the underlying zoning district, as long as the planning director determines that there is sufficient evidence that the lots are legal lots of record and the combination brings the lot(s) closer to conformance of the minimum lot area. A boundary line adjustment will be required to combine legal lots.
E. A nonconforming lot of record cannot, through boundary line adjustments or other provisions, become further nonconforming. The reconfiguration of lot(s) from a nonconforming lot(s), or into new lot creation, shall meet minimum and maximum lot area requirements as set forth in Section 18.70.040, and lot standards in Table 18.70.050, unless a variance has been granted. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.160.050 Nonconforming site.
A. A nonconforming site is a lot which does not conform to site development regulations, including but not limited to landscaping, parking, fencing, driveway, street openings, pedestrian amenities, screening, and curb cut requirements, of the district in which it is located, usually due to changes in zoning ordinance requirements or annexation.
B. A nonconforming site may not be changed as to the site characteristics, unless the change conforms to the regulations of the underlying zoning districts; provided, that parking lot striping may be reconfigured within the existing paved surface.
C. Upon expansion of any structure or complex of structures within a single site of over twenty-five percent of the existing floor area, the site shall be brought into compliance with the underlying zoning district’s site development standards. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.160.060 Existing single-family detached residences in nonresidential zoning districts.
A. Existing single-family detached residences located in nonresidential zoning districts may continue by successive owners or tenants; provided, that no increase in unit density is allowed, including adding accessory dwelling units. Special uses related to the existing residence, such as home occupations or home day care, may be allowed and are regulated as appropriate, as set forth in Section 18.70.070.
B. Existing single-family detached residences and accessory structures may be repaired, remodeled, maintained, or relocated but may not be enlarged or intensified.
C. If the existing single-family detached residence is discontinued in its residential use for more than twelve months, it shall lose its ability to continue, and will be considered an abandoned nonconforming use subject to the provisions of Section 18.160.020, unless a contrary intent is proven by the property owner.
D. If the existing single-family detached residence is damaged by sudden and unforeseeable events out of the property owner’s control, such as fires or windstorms, it may be reconstructed up to the original size, placement and density. A building permit must be applied with the city within twelve months of the event and shall comply with all applicable building codes in force at the time of repair or reconstruction; provided, that the city council may extend this twelve-month period if extenuating circumstances (e.g., insurance litigation) have prevented the applicant from applying for permits.
E. Existing residential units in a nonresidential zone that are located within a mixed use structure will be considered allowed as mixed use, and are not subject to the nonconforming provisions. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.160.070 Continuation of prior conditional use permits and variances.
Any valid conditional use or variance granted prior to the effective date of the enactment of this title shall be permitted to continue in accordance with such use or variance. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.160.080 Applicability to property regulated under the shoreline master program.
Property within the jurisdiction of the Shoreline Management Act shall also be regulated by the shoreline master program regulations, Section 16.08.480, nonconformities. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)