Chapter 14.09.220
Nonconforming Uses, Sites, And Structures
Sections:
14.09.220.030 Nonconforming Uses.
14.09.220.040 Nonconforming Sites.
14.09.220.050 Nonconforming Structures.
14.09.220.010 Purpose.
This chapter is intended to permit the continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all standards and requirements of this title, and that are operated in a manner that does not conflict with the General Plan. Further, this chapter is established to:
A. Ensure that nonconforming uses, sites, and structures do not increase in their discrepancy between existing conditions and the current standards, and requirements of this title;
B. Ensure that nonconforming uses, sites, and structures, once discontinued or destroyed, are replaced by those that conform to the current standards and requirements of this title;
C. Establish the circumstances under which a nonconforming use or structure may be continued or modified, and it provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.220.020 Applicability.
The provisions of this chapter apply to nonconforming uses, sites, and structures that were legally established but have become nonconforming by adoption of this title; as well as uses, sites, and structures that have become nonconforming due to subsequent amendments to the text of this title, or the zoning map. Any relocation, alteration, or enlargement of a nonconforming use or structure may be subject to the approval of a design review, relocation permit, or other applicable approval (see Part IV, Administration and Permits).
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.220.030 Nonconforming Uses.
A. Continuation of a Nonconforming Use. A legally established use that either no longer conforms to applicable regulations or is no longer a permitted use where it is located may be continued as originally approved, including uses that were permitted uses when established and are now conditional uses.
B. Change or Discontinuation of Nonconforming Use. Any nonconforming use that is discontinued for a continuous period of one year shall invalidate the nonconforming use, and it may not be reestablished at that location. The determination of a nonconforming use being discontinued shall be determined by the Director of Community Development.
C. Modifications to Nonconforming Use. When a nonconforming use occupies or partially occupies a structure that is either conforming or nonconforming to applicable provisions of this title, the use shall not be modified, moved, altered, or expanded unless required by law, or unless the moving, alteration, or expansion of the use would result in the elimination of the nonconforming use or reduce the extent of or intensity of the nonconforming use. The following exceptions shall apply:
1. When a nonconforming residential use occupies a structure located in an agriculture, residential, or commercial district, said structure may be moved, altered, or enlarged; provided, that:
a. The number of dwelling units is not increased through the alteration or enlargement; and/or
b. The structure and the use, if moved, complies with all provisions of the district.
2. A nonconforming use shall not be expanded in such a way that it would displace any conforming use occupying a structure or site.
3. A nonconforming use that occurs outside of structures (e.g., used car lots), may be modified with approval of a conditional use permit if the use would not expand more than 10 percent beyond the existing area used for the nonconforming use and it would not result in negative impacts to surrounding properties (e.g., traffic, noise, etc.).
4. The limited expansion of a nonconforming use within a commercial, business park, or industrial park zoning district (with the exception of the CR-recreation commercial district) shall be permitted with approval of a conditional use permit, as follows:
a. A nonresidential, nonconforming use may be expanded or altered within an existing, enclosed structure, and that the expansion does not exceed one-third of the existing floor area originally occupied by the use.
b. Any structural expansion shall comply with the development standards of the zoning district in which it is located.
D. Nonconforming Residential Uses. In an agriculture, residential, or any commercial zoning district, a nonconforming residential structure may be reconstructed, and a nonconforming residential use may be reestablished with the approval of a conditional use permit, provided the restoration is undertaken within two years from the date of destruction and is diligently pursued.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.220.040 Nonconforming Sites.
Except as otherwise provided in this chapter, a nonconforming site may be developed; provided, that:
A. Any structure or development complies with the site development standards for the district, unless a standard is specifically waived, substituted, or otherwise altered through the approval of a variance, an adjustment, or a planned development. The following standards shall apply:
B. The site was part of a legally recorded subdivision that has an area, frontage, width, or depth that is less than the minimum required under the current zoning district provisions and shall be subject to all other applicable zoning district regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.220.050 Nonconforming Structures.
The following standards shall apply to nonconforming structures:
A. Continuation and Maintenance. A nonconforming structure may be maintained as originally approved and/or legally established, except as otherwise provided in this chapter. Routine maintenance and repairs may be performed on a nonconforming structure.
B. Modifications to Nonconforming Structures. A nonconforming structure shall not be moved, altered, expanded or reconstructed in any manner which would increase the discrepancy between existing conditions and the applicable zoning district development standards (e.g., lot coverage, setbacks, building height, or the minimum distance required between structures).
C. Restoration or Replacement of a Damaged Nonconforming Structure. Restoration of a damaged nonconforming structure that is damaged or partially destroyed by fire, earthquake, flood, windstorm, or other calamity beyond the control of the property owner may be replaced as follows:
1. If the structure is damaged or partially destroyed to the extent of 50 percent or less of its replacement value, the structure may be restored; provided, that the restoration is started within two years from the date of destruction and diligently pursued to completion. Reconstruction of the structure shall not increase the discrepancy between existing conditions and the applicable zoning district development standards.
2. If the structure is damaged or partially destroyed to an extent greater than 50 percent of its replacement value, or is voluntarily or required by law to be demolished, the structure shall not be restored to the previous nonconforming condition, and shall be reconstructed in full conformity with the standards for the district in which the structure is located; and provided, that the restoration is started within two years from the date of destruction and diligently pursued to completion. An exception from this provision applies to single-family homes that have burned down which may be allowed to rebuild to the same dimensions (or smaller) in the same location.
3. The determination of the extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of rebuilding the entire structure as it existed prior to the damage. Estimates for this purpose shall be provided by the property owner or applicant and shall be subject to the approval of the Director of Community Development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)