Chapter 17.36
NONCONFORMING USES, STRUCTURES, AND LOTS

Sections:

17.36.010    Purpose.

17.36.020    Compatible nonconforming uses, structures and lots.

17.36.030    Modification of compatible nonconforming uses, structures and lots.

17.36.040    Incompatible nonconforming uses, structures and lots.

17.36.050    Termination and removal of incompatible nonconforming uses and structures.

17.36.060    Development of incompatible nonconforming lots.

17.36.010 Purpose.

The purpose of this chapter is to declare uses, structures, and lots legally existing on the effective date of the ordinance codified in this title as nonconforming because they no longer conform to the present requirements of the zoning district in which they are located. Furthermore, uses and structures which have been deemed to be incompatible nonconforming uses are encouraged to be eliminated or brought into conformity within a reasonable period of time. (Ord. 796 Att. A(part), 1999)

17.36.020 Compatible nonconforming uses, structures and lots.

Nonconforming uses, structures, and lots which are generally not detrimental to the zoning district in which they are located are considered compatible. Compatible nonconforming uses, structures, and lots include:

A.    Residential uses and structures located in residential zones which do not comply with the current requirements for the residential zone in which they are located, but did comply at the time of their construction.

B.    Residential uses and structures located in nonresidential zones.

C.    Commercial, industrial, and office uses and structures located in residential, commercial, industrial, or other zones which have been determined by the planning commission to be compatible.

The determination that a nonconforming commercial, industrial, or office use or structure is compatible shall require the approval of a use permit.

D.    Nonconforming structures or premises which have historic significance and have been so designated by the city council.

E.    Nonconforming parcels or lots which were legally created prior to 1972.

The determination that a nonconforming lot is compatible shall require the approval of a certificate of compliance. (Ord. 796 Att. A(part), 1999)

17.36.030 Modification of compatible nonconforming uses, structures and lots.

A.    Compatible nonconforming residential uses and structures in residential zones may be remodeled or rehabilitated provided the use or structure is not enlarged.

Compatible nonconforming residential structures in residential zones may be added to or enlarged if the structure is nonconforming only because of noncompliance with the required height, yard, and/or parking requirements; provided that such new additions or enlargements comply with all requirements for new structures, and off street parking is provided in accordance with the requirements for new residential structures.

B.    Compatible residential structures located in nonresidential zones may be remodeled or rehabilitated provided the use or structure is not enlarged.

Compatible residential structures located in non-residential zones may be added to or enlarged provided a use permit is obtained.

C.    Compatible commercial, industrial, or office structures located in residential, commercial, industrial, or other zones may be remodeled or rehabilitated, provided the structure is not enlarged and no additional exterior square footage is created.

D.    A compatible nonconforming use may be changed to another nonconforming use if the new use is of a similar or more restrictive nature.

The determination that a subsequent nonconforming use is similar to or is less restrictive, and therefore compatible, shall require the approval of a use permit.

E.    Compatible nonconforming parcels or lots may be developed provided that all requirements applicable to the zoning district in which it is located are met. (Ord. 796 Att. A(part), 1999)

17.36.040 Incompatible nonconforming uses, structures and lots.

Incompatible nonconforming uses, structures, and lots are those that do not meet the criteria for compatible uses outlined in Section 17.36.020. (Ord. 796 Att. A(part), 1999)

17.36.050 Termination and removal of incompatible nonconforming uses and structures.

Incompatible nonconforming uses and structures shall be subject to the following provisions:

A.    Incompatible nonconforming uses which have been discontinued for any reason for a period of six months shall be terminated and shall not be reestablished.

B.    Incompatible nonconforming uses or structures shall not be intensified or expanded.

C.    Incompatible nonconforming structures shall not be moved to any other lot, or to any other portion of the lot on which it is located, unless, as a result of the move, the structure conforms to the regulations of the zoning district in which it will be relocated.

D.    Incompatible nonconforming structures which are damaged or partially destroyed by any reason to an extent of not more than fifty percent of its market value at that time may be restored, and a nonconforming use or occupancy may be resumed provided that such restoration commences within a one-year period and is diligently pursued to completion.

1.    In the event that such damage or destruction exceeds fifty percent of its market value, the building or structure shall not be repaired or reconstructed unless every portion of such building is made to conform to all regulations for new buildings in the zoning district in which it is located.

2.    This regulation shall not apply to the reconstruction of one single-family dwelling or manufactured home in the R-3 high density residential district if it is to replace a previously existing residence which has suffered damage or destruction which exceeds fifty percent of its market value. (See Section 17.06.050(C).) (Ord. 796 Att. A(part), 1999)

17.36.060 Development of incompatible nonconforming lots.

Incompatible nonconforming lots shall not be improved or developed unless legally merged with an adjacent parcel which meets the criteria of the zoning district in which it is located. Said merger shall be subject to the approval of an application for a voluntary merger as set forth in the subdivision ordinance. (Ord. 821 §1(part), 2003: Ord. 796 Att. A(part), 1999)