Chapter 17.68
NONCONFORMING LOTS, STRUCTURES AND USES*
Sections:
17.68.040 Nonconforming structures.
17.68.060 Restoration of buildings and fences.
17.68.080 Medical collective gardens.
* Prior ordinance history: Ords. 387, 519, 559, 687, 742, 1034, 1083 and 1088.
17.68.010 Purpose and effect.
A. The purpose of this chapter is to provide for those circumstances, uses and lots which would not be consistent with regulations of this title but which enjoy rights of privilege based on their previous legal existence. The objective of this title and this chapter is to set the terms by which all nonconforming lots, structures and uses will ultimately be brought into compliance with the terms of this title as it is adopted and amended while retaining rights and privileges arising from previous legal existence.
B. Effect.
1. All lots, structures or uses which do not conform to the provisions of this title, but were legally established under the provisions in effect at the time of their establishment, are considered legal nonconforming and shall be allowed to continue as is provided by the regulations of this chapter.
2. All lots, structures or uses established illegally and not in conformance with the provisions of this title are illegal and shall be brought into conformance with the provisions of this title.
3. Nonconforming signs and lots, structures or uses that do not conform to critical area or shoreline regulations are not subject to the provisions of this chapter. Nonconforming signs are regulated pursuant to Chapter 17.80, Signs. Lots subject to “reasonable use provisions” and lots, structures or signs that do not conform to critical area or shoreline regulations are regulated pursuant to the provisions of Chapters 17.52, 17.52A, 17.52B, 17.52C, 17.52D, 17.52E and Title 17B as exist or as modified in the future. (Ord. 1252 § 1 (part), 2010)
17.68.020 Discontinuance.
Any nonconforming use or building which is idle, unoccupied or vacant for one year or more is conclusively deemed discontinued, abandoned and terminated, and shall lose its nonconforming rights. Any future uses shall be in compliance with the use regulations of the district in which it exists. (Ord. 1252 § 1 (part), 2010)
17.68.030 Nonconforming lots.
A. Legally established lots in existence prior to the effective date of this title which do not meet the requirements set forth in this title are considered nonconforming lots of record and are legally buildable except as provided below.
B. Where two or more adjacent nonconforming lots of record are under common ownership, they are consolidated into one lot. For that single combined lot to be subdivided, all lots created shall conform to area and setback regulations for the district in which they are located and to all applicable critical area regulations.
C. To be legally buildable, a lot must be in compliance with the rules and regulations of the county health district. Where there is a conflict between the provisions of this section and those rules of the county health district, the more restrictive rules shall apply.
D. A structure on any lot must meet all setback, height and other construction requirements for the zone in which the property is located.
E. A lot line adjustment shall be required prior to issuance of a development permit when:
1. A nonconforming and conforming lot are adjacent, under common ownership and will result in legal lots in conformance with area, building setbacks and critical area regulations.
2. One lot of adjacent lots under common ownership is buildable only with a critical areas regulation reasonable use exception and will result in legal and conforming lots that do not require a reasonable use exception to be developed or redeveloped. (Ord. 1252 § 1 (part), 2010)
17.68.040 Nonconforming structures.
A. Alterations and Enlargement. Nonconforming buildings and structures may be altered, renovated, or added to if the alterations, renovations or additions meet all requirements of the district in which they are located and do not increase or intensify the nonconformity.
B. Repairs. Repairs necessary and incidental to meeting requirements of law regarding building safety, including but not limited to the International Building Code, International Residential Code or International Fire Code, may be performed on a building or structure even if such repairs do not meet the requirements of the district in which the building is located.
C. Relocation. Nonconforming buildings or structures which are moved to another location either within the same district or in another district must conform to all the rules and regulations of the district to which it is moved. (Ord. 1252 § 1 (part), 2010)
17.68.050 Nonconforming uses.
A. Expansion or Intensification of Nonconforming Use. Expansion of an existing nonconforming use or intensification of an existing nonconforming use within the confines of an existing structure or lot may only occur subject to the following conditions:
1. No nonconforming use shall be enlarged, increased or extended to occupy a greater area of building or land than was occupied at the effective date of adoption or amendment of that portion of this code which rendered the use nonconforming, unless a conditional use permit has been approved by the city.
2. No nonconforming use shall be moved, in whole or in part, to any portion of the building or lot other than that occupied by such use at the effective date of adoption or amendment of that portion of this code which rendered the use nonconforming, unless a conditional use permit has been approved by the city.
3. No nonconforming use shall be intensified unless a conditional use permit has been approved by the city.
B. Continuance of Conditional Uses. A use (including the building and land it occupies) which existed prior to the effective date of this title which would be permitted under the terms of this law as a conditional use is considered a conforming permitted use and requires no further action. If such a conditional use is expanded, it is required to comply with the requirements set forth in Section 17.64.020.
C. Exemptions—Residential/Group Care Facilities. The conversion of an existing residential structure to housing for people with functional disabilities shall not be deemed a change of use or an abandonment or discontinuity of the prior use of the structure, if such structure constituted a prior legal nonconforming use. (See Section 17.16.040.)
D. Change of Ownership. Ownership, tenancy, or management of an existing nonconforming use may be changed as long as the use is not altered. Change of ownership, tenancy or management is allowed when a use is changed from nonconforming to conforming. (Ord. 1252 § 1 (part), 2010)
17.68.060 Restoration of buildings and fences.
A. Any nonconforming building which is damaged or destroyed by accidental causes may be rebuilt to the original building footprint up to the maximum height allowed in the district where it is located, and may be occupied by the same legal use, conforming or not, after construction.
B. If fifty percent or more of the length of a fence on one side of a lot is damaged by any cause and requires replacement or repair, the entire fence must be brought into compliance with the current requirements for fences and freestanding walls, Section 17.20.080.
C. For purposes of this section, “accidental causes” means natural events such as earthquakes, landslides, mudslides, floods and storms and other events such as fires which are beyond the control of the owner. (Ord. 1252 § 1 (part), 2010)
17.68.070 Abatement.
Whenever the owner of a nonconforming use, structure or lot fails to discontinue or remove a nonconforming use consistent with the provisions of this title, the city shall take such action as may be necessary to abate the nonconformance. Such action shall include the following:
A. The code enforcement officer shall make a determination regarding the kind of violation, the length of time the use, structure or lot has been in violation of this title and the date the nonconforming status was established;
B. Written notification shall be given the property owner and the occupant regarding the violation and the date the city intends to take action;
C. Violations continuing past the date specified are subject to the penalties prescribed in Title 18. (Ord. 1252 § 1 (part), 2010)
17.68.080 Medical collective gardens.
Medical cannabis collective gardens which have been licensed pursuant to the revisions of Chapter 5.70* shall immediately cease operation in accordance with the provisions of state law. (Ord. 1385 § 5, 2016)
* Code reviser’s note: Chapter 5.70, which previously regulated medical cannabis collective garden safety licenses, has been repealed by Ord. 1385.