Chapter 20.54
NONCONFORMING STRUCTURES AND USES
Sections:
20.54.010 Nonconforming use of land.
20.54.020 Nonconforming structures.
20.54.030 Nonconforming uses of structures or of structures and premises in combination.
20.54.040 Repairs and maintenance.
20.54.060 Conditional uses not nonconforming uses.
20.54.010 Nonconforming use of land.
Where lawful use of land exists at the effective date of adoption or amendment of the ordinance codified in this title, which would not be permitted by the regulations imposed by this title, or amendment thereto, the use may be continued so long as it is lawful, subject to the following provisions:
(a) Expansion of a nonconforming use of land onto other areas of the property may be permitted as a conditional use. The expansion must be on the parcel as it existed at the time the use becomes nonconforming and not onto other parcels.
(b) If any such nonconforming use of land without buildings is discontinued for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.
(c) No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land. (Ord. 1831 § 8, 2025; Ord. 1715 § 1, 2017: Ord. 1002 (Attachment A) (part), 1989)
20.54.020 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(b) Should such nonconforming stricture or nonconforming portion of such structure be damaged or destroyed by any means to the extent that the cost of repairs or reconstruction exceeds sixty percent of the cost of replacement of the structure with new materials, the structure shall not be reconstructed or repaired except in conformity with the provisions of this title.
(c) Should such structure be damaged to the extent that the cost of repairs is less than or equal to sixty percent of the cost of replacement of the structure using new materials, the structure may be rebuilt to its original configuration and dimensions as that which lawfully existed at the time the damage occurred. Such repair or reconstruction shall commence within one year of the date the structure was damaged.
(d) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. 1002 (Attachment A) (part), 1989)
20.54.030 Nonconforming uses of structures or of structures and premises in combination.
Where a lawful use of individual structures or of a structure and premises combined exists at the effective date of adoption or amendment of this title which would not be permitted by regulations imposed by this title or amendment thereto, the use may be continued so long as it remains otherwise lawful, and subject to the following provisions:
(1) Existing structures housing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered for the purpose of changing the use of the structure or a portion thereof to a use permitted in the district in which it is located; provided, that the proposed alterations comply with all other applicable regulations. If only a portion of the structure or premises is to be converted to a permitted use and the remainder will remain as a nonconforming use then any change or alteration to the structure or premises to accommodate the new permitted use will require a conditional use permit.
(2) Public schools and churches which are or become nonconforming uses are not subject to the restrictions of subsection (1) of this section and enlargement by extension or by construction of additional buildings on the premises for the same purpose is permitted; provided, that all other applicable city regulations are met.
(3) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this section. Approval to expand or enlarge a nonconforming use, including the structure housing the use, may be granted by the city council by conditional use permit; provided, that a finding of consistency with the comprehensive plan under Section 20.66.020(1) shall not be required; and provided further, that the city council may require such conditions and safeguards as they deem necessary to diminish the impact of the expansion on the surrounding neighborhood. Any such expansion authorized under this section shall be limited to an expansion on the parcel as it existed on the date the use became nonconforming. Expansion of a nonconforming use onto another parcel(s) is not permitted.
(4) If no structural alterations are made, any nonconforming use of a structure may, as a conditional use, be changed to another nonconforming use; provided, that the city council shall find that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use. In permitting such change, the city council may require such conditions and safeguards as they deem necessary to diminish the impact of the change in use on the surrounding properties.
(5) Any structure, or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(6) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for more than one year, the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(7) When a structure housing a nonconforming residential use is damaged or destroyed by whatever cause, the structure may be repaired or reconstructed to house the use that lawfully existed at the time the damage or destruction occurred; provided, that where the cost of such repair or reconstruction exceeds sixty percent of the cost of replacing the structure using new materials, such repair or reconstruction shall be commenced through filing of a building permit application within one year of the date the structure was damaged or destroyed.
(8) When a structure housing a nonconforming nonresidential use is damaged or destroyed to the extent that the cost of repair or reconstruction is less than or equal to sixty percent of the cost of replacing the structure using new materials, the structure may be repaired or reconstructed if such repair or reconstruction is commenced through filing of a building permit application within one year of the date of damage or destruction. When a structure housing a nonconforming nonresidential use is damaged or destroyed to the extent that the cost of repair or reconstruction exceeds sixty percent of the cost of replacing the structure using new materials, the structure may only be repaired or reconstructed following approval of a conditional use permit by the city council and where the application for said conditional use permit is submitted to the city within one year of the date of damage or destruction. Notwithstanding any other provision of this chapter, the approval of a conditional use permit under this subsection allowing repair or reconstruction of a structure housing a nonconforming nonresidential use shall not affect the nonconforming status of said nonconforming use.
(9) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land unless the structure is reconstructed consistent with the requirements set forth in this section. (Ord. 1715 § 2, 2017: Ord. 1002 (Attachment A) (part), 1989)
20.54.040 Repairs and maintenance.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased nor shall such repairs in any way increase its nonconformity. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 1002 (Attachment A) (part), 1989)
20.54.050 Nonconforming lots.
Lots of record legally created and existing at the time of adoption of the ordinance codified in this title or amendment thereto that do not meet the minimum area or width requirements of the zone district may be developed with permitted or conditionally permitted uses; provided:
(1) That the area of the lot is no less than eighty percent of the minimum lot area permitted in the zone district; and
(2) All other district standards are met; and
(3) The lot(s) or parcels were created pursuant to applicable state and local subdivision regulations at the time of segregation. (Ord. 1002 (Attachment A) (part), 1989)
20.54.060 Conditional uses not nonconforming uses.
Any use which is permitted as a conditional use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use. (Ord. 1002 (Attachment A) (part), 1989)