Chapter 17.328
NONCONFORMING USES

Sections:

17.328.010    General provisions.

17.328.020    Discontinuance, destruction, expansion and changes.

17.328.010 General provisions.

(1) Legally established nonconforming uses and developments may be continued, maintained, altered, and expanded subject to the provisions of this chapter and other applicable sections of this title.

(a) Single-unit dwellings in the commercial and industrial zone districts are exempt from the provisions of this chapter and may be continued, maintained, improved, and reconstructed subject to the development standards set forth in Table 17.230.030 for detached single-unit dwellings.

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

(3) A nonconforming use or development may change ownership without 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) 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. 590 § 1 (Att. B(Q)), 2026; 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.

(2) Destruction. When a structure or development is damaged by any cause to an extent exceeding 75 percent of the replacement cost using new materials, it is considered destroyed.

(a) A structure containing a nonconforming use or a nonconforming development which is destroyed may be restored to its previous condition and all nonconforming use rights maintained, provided such restoration is commenced within a period of 24 months after the date of destruction.

(b) Rights to continue a nonconforming use or development expire if a structure containing a nonconforming use or a nonconforming development is destroyed and no action is taken within the time frame allotted in this section to restore the structure containing a nonconforming use or the nonconforming development. After such destruction, use or development of the property shall comply with the applicable zone district regulations.

(3) Expansion. A nonconforming use or development may be expanded subject to a Type II procedure, provided the following criteria are met:

(a) The expanded use or development complies with the applicable development standards in the same zone district, or the necessary adjustments have been approved; and

(b) The expanded use or development will not result in greater adverse impacts related to traffic, noise or other emission, or increased hours of operation compared to existing adjacent uses or other uses allowed outright in the same zone district.

(4) Changes.

(a) A nonconforming use may be changed to another nonconforming use through a Type II procedure, provided the criteria set forth in subsection (3) of this section are met.

(b) 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. [Ord. 590 § 1 (Att. B(Q)), 2026; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.327.020].