Chapter 17.88
NONCONFORMING BUILDINGS, STRUCTURES, USES AND LOTS

Sections:

17.88.010    Generally

17.88.020    Restrictions

17.88.030    Nonconforming Lots

17.88.040    Development Standards

17.88.010 Generally

A.    This chapter provides for the regulation of nonconforming buildings, structures, uses and lots. These regulations are designed to protect the rights of legally existing nonconforming uses, structures and buildings, but not promote expansion or enlargement. The site, building, structure or use will be encouraged to convert to a conforming use in the future.

B.    Any use or activity lawfully conducted under county zoning regulations at the effective date of annexation or under previous zoning regulations in effect at the adoption of the ordinance codified in this title, or any amendment, shall be considered a legal nonconforming use under this title.

C.    The city council, by ordinance, may authorize the acquisition of private property by purchase or condemnation for removal of nonconforming uses and structures. (Ord. 736 Art. XVII § A, 1997)

17.88.020 Restrictions

A.    No structural or physical alteration shall be made to any nonconforming building, structure or lot except when required by law or ordinance. This requirement does not prohibit routine repairs or maintenance.

B.    Nonconforming structures listed on the National or State Register of Historic Buildings may be renovated, restored, repaired or maintained if done in accordance with the state guidelines for historic preservation, regardless of the nonconformance of the building.

C.    Nonconforming structures located within a historic district may be renovated, restored, repaired or maintained if done in accordance with state guidelines on historic preservation.

D.    No expansion shall be made of any nonconforming building, structure or use unless such expansion conforms to the regulations specified for the district in which it is located. In cases where the nonconforming use occupies a building, structure or any portion of a site, expanding the use into additional building or land area shall constitute an extension and shall not be allowed.

E.    Any nonconforming building, structure or use, or one or more of a group of nonconforming building, structure or use related to one industry and under one ownership, which has been damaged by fire, flood, explosion, earthquake, war, riot or act of God, may be reconstructed and used as before, if done within twelve (12) months of such calamity. The city council, after review and recommendation by the planning and zoning commission, may determine that such delay in reconstruction was caused by unforeseen circumstances beyond the control of the owner of the premises and permit a reasonable extension of time for reconstruction. Any district requirements may be waived by the city council, provided the area restored is not more nonconforming than existed at the time of the calamity.

F.    Any nonconforming building, structure or use which ceases to be used for a period exceeding six months or is superseded by a conforming use, shall never again be devoted to the nonconforming use except as otherwise provided in the preceding subsection. A nonconforming use shall not be changed to a different nonconforming use. This shall not prevent a name change or change in ownership of the same nonconforming use.

G.    To remain a legal non-conforming use, the following conditions must be met:

1.    No litter shall be allowed to accumulate.

2.    Landscaping must be maintained.

3.    All structure exteriors must be regularly maintained, including wall and roof coverings.

4.    Manufactured Home Parks (in addition to the above conditions) must ensure that all new and/or replacement units within the park are no older than fifteen (15) years of age, have tongues removed or skirted, all unit skirting must be installed using fire resistant material, no tires placed on roofs, and that the existing number of spaces is not expanded. (Ord. 895 2002, Ord. 736 Art. XVII § B, 1997)

**See City Council minutes of _________________(date) for list of existing non-conforming uses, including Class II Home Occupations."

(Manual, Amended, 10/21/2002)

17.88.030 Nonconforming Lots

Any legal lot existing at the time of the enactment of the ordinance codified in this title, or any amendment, which does not conform within lot area, lot width, or lot depth for the zoning district in which it is located, may be used for any use permitted in that zone district, provided all other applicable regulations of this zoning ordinance are complied with. (Ord. 736 Art. XVII § C, 1997)

17.88.040 Development Standards

Development standards relate to the size, configuration and character of development. Development standards include, but are not limited to, items such as parking, landscaping, buffer areas and setback. Developed property may be nonconforming because the development of the property does not meet current zoning ordinance requirements. Property which is nonconforming, due to deficiencies in development standards, shall be regulated as follows:

A.    No change of use or change to a building structure shall be permitted which creates a deficit or increases an existing deficit in off-street parking spaces, loading areas or other development standards.

B.    Any site which is nonconforming due to deficiencies of development standards and which require review or approval by the city council for a conditional use permit, rezoning, site plan or subdivision shall, as a requirement of that review, be brought into conformance including, but not limited to, development standards for parking, circulation, driveways, drainage, storage, screening and landscaping, with the zoning ordinance and other applicable codes before any permit or other request can be approved. (Ord. 736 Art. XVII § D, 1997)