Chapter 17.48
NONCONFORMITIES
Sections:
17.48.010 Existing buildings or uses.
17.48.040 Expansion or alteration.
17.48.050 Ordinary maintenance and repair.
17.48.060 Partial nonconformity.
17.48.090 To avoid undue hardship.
17.48.100 Nonconforming lots of record.
17.48.010 Existing buildings or uses.
The lawful use of a building, structure or land existing or active at the effective date of the ordinance codified in this chapter, or amendments thereto, may continue although such use does not conform to the regulations contained herein; provided, that if such nonconforming use or activity is abandoned, any future use or activity in or on a structure, building or land shall conform to the regulations of the district in which it is located. (Ord. 837 § 1 (part), 2008: Ord. 136 § 5.01, 1974)
17.48.020 Discontinuance.
Discontinuance of a nonconforming use of land, structure or building for a period of twelve months shall be prima facie evidence of abandonment of nonconforming use and thereafter the use shall revert to that shown in the zoning ordinance codified in this title. (Ord. 837 § 1 (part), 2008: Ord. 136 § 5.02, 1974)
17.48.030 Change in use.
If no structural alterations are made, a nonconforming use may be changed to another similar nonconforming use or to a use conforming to the district regulations. (Ord. 837 § 1 (part), 2008: Ord. 136 § 5.03, 1974)
17.48.040 Expansion or alteration.
An existing nonconforming building cannot be enlarged or expanded or reconstructed unless it is made to conform to the regulations of this title and of the building code as adopted by the city. (Ord. 837 § 1 (part), 2008: Ord. 136 § 5.04, 1974)
17.48.050 Ordinary maintenance and repair.
Repair of an existing nonconforming building and its equipment or fixtures is permitted; provided, that the value of the repair does not exceed sixty percent of the fair market value of the building as determined by the city planner or in his or her absence the public works director or designee for the year in which the work is done. (Ord. 858 § 1 (part), 2009: Ord. 837 § 1 (part), 2008: Ord. 611, 1997; Ord. 136 § 5.05, 1974)
17.48.060 Partial nonconformity.
Where a fraction of a building or lot contains a nonconforming use or structure, such use or structure shall not be expanded. (Ord. 837 § 1 (part), 2008: Ord. 136 § 5.06, 1974)
17.48.070 Reconstruction.
If a nonconforming building is destroyed by fire, explosion, act of God or act of the public enemy, to the extent of sixty percent of the fair market value, thereafter the land and any development on it shall conform to the regulations of the district in which it is located. (Ord. 837 § 1 (part), 2008: Ord. 136 § 5.07, 1974)
17.48.080 Exceptions.
The hearing examiner may authorize the city planner or in his or her absence the public works director or designee to issue a temporary permit for the construction of a nonconforming building or for the nonconforming use of any area or building for a specific period of time not exceeding one year, provided the hearing examiner finds the public convenience and advantage will be served by such nonconforming use and that the building or use will not be materially detrimental to the public welfare. (Ord. 858 § 1 (part), 2009: Ord. 837 § 1 (part), 2008: Ord. 714 § 13, 2001; Ord. 611, 1997; Ord. 136 § 5.08, 1974)
17.48.090 To avoid undue hardship.
Nothing in this title shall be deemed to require a change in plans, construction or designated use of any building on which actual construction has been carried on diligently prior to the adoption of the ordinance codified in this title. “Actual construction” is defined to include the placing of construction materials in permanent position and fastened in a permanent manner, or where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding. Such excavations or demolition or removal shall be deemed to be actual construction; provided, that the work shall be carried on diligently. (Ord. 837 § 1 (part), 2008: Ord. 136 § 5.09, 1974)
17.48.100 Nonconforming lots of record.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of the effective date of adoption of amendment to the ordinance codified in this title notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable to the districts; provided, that yard dimensions and other requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the hearing examiner. (Ord. 837 § 1 (part), 2008: Ord. 714 § 14, 2001; Ord. 136 § 5.10, 1974)
17.48.110 Off-street parking.
Any change in the use, the building, or the parking facilities shall be subject to the following provisions:
A. An existing parking facility, incidental to a lawfully established use, shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this title in any respect, unless all of the off-street parking required herein is provided otherwise.
B. If a building or use is expanded, parking as required by this title shall be provided for both the existing and the expanded portion of the use and any existing parking shall be made to comply with this title if such parking is part of the required parking.
C. If the use of land or a building is changed to a use with a greater parking requirement, parking equal to the difference between the requirement for the existing and the proposed use, as contained herein, shall be provided in accordance with the provisions of this title and shall be in addition to any existing parking.
(Ord. 837 § 1 (part), 2008: Ord. 136 § 5.11, 1974)