Chapter 17.328


17.328.010    Nonconforming uses and development generally.

17.328.020    Discontinuance, destruction, expansion and changes.

17.328.030    Nonconforming development.

17.328.010 Nonconforming uses and development generally.

(1) Establishment of Nonconforming Status. Legally established nonconforming uses and development may be continued and maintained without city review and approval. A nonconforming use or development may be altered or expanded subject to the provisions of this chapter and other applicable sections of the CBDC.

(2) The proponent of a nonconforming use or development shall bear the burden of establishing that the use or development was legally established and to what extent at the time the use or development became nonconforming.

(3) Ownership. Changes in ownership of a nonconforming use or development are exempt from city review or approval.

(4) Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been legally issued, and construction commenced prior to the adoption of the regulation that would make such use or structure nonconforming.

(5) This chapter does not apply to existing single-family dwellings in the commercial and industrial districts; provided any addition, improvement or reconstruction thereto shall comply with the standards of the residential districts. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.327.010].

17.328.020 Discontinuance, destruction, expansion and changes.

(1) Discontinuance. A nonconforming use not actively used for a period of two years shall be deemed discontinued. A discontinued nonconforming use cannot be revived, and any further uses of the property must conform to the provisions of this title as provided for above.

(a) Periods of reduced operation caused by normal fluctuations in business demand are not discontinuances; provided, that periods of reduced operation in excess of two years shall have the effect of discontinuance.

(b) Rights to continue a nonconforming use or development expire if a structure containing a nonconforming use or a nonconforming development is destroyed by any cause to an extent exceeding 75 percent of the cost of replacement of the structure, using new materials. After such destruction, development or use of the property shall comply with the regulations applicable to the zoning district.

(2) Expansion. Expansion of a nonconforming use or development shall be subject to the same standards and procedure as for a change in the nonconforming use or development as provided in subsection (3) of this section.

(3) Changes.

(a) A nonconforming use or development may be changed to a conforming use or development in whole or in part. Once a nonconforming use or development becomes conforming, in whole or in part, the nonconforming rights are lost and the nonconformity may not be reestablished.

(b) A nonconforming use may be changed to another nonconforming use through a Type II procedure, provided the applicant demonstrates that the proposed use will have no greater adverse impacts on surrounding properties than the existing use; adverse effects include, but are not limited to, generation of more traffic, noise, dust or fumes, or increased hours of operation. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.327.020].

17.328.030 Nonconforming development.

Development which is nonconforming with respect to height, yard requirements, lot coverage, screening and buffering or density may be utilized by a use which is permitted in the district in which it occurs. The development may be repaired, modified, or altered, internally or externally; provided, such repairs and modifications do not increase the nonconformance of the development and comply with the International Building Code standards, or are required by building, health, fire or other applicable standards to make a structure safe for occupancy. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.327.030].