Division VII. Nonconforming Situations
Chapter 20.212
NONCONFORMING SITUATIONS
Sections:
20.212.010 Purpose and definitions.
20.212.020 Continuation of nonconforming situations.
20.212.030 Conforming use protected.
20.212.040 Nonconforming lots.
20.212.050 Extension or enlargement or change of a nonconforming situation.
20.212.060 Repair, maintenance and reconstruction.
20.212.070 Discontinuance of nonconforming situations.
20.212.080 Completion of nonconforming projects.
20.212.090 Sale of nonconforming use or structure.
20.212.100 Application for rehearing.
20.212.010 Purpose and definitions.
Within the districts established by this code, or amendments that may later be adopted, there exist lots, structures, and uses of lots or structures, which were lawful prior to adoption of this code, but which would be prohibited, regulated or restricted under the terms of this code. These preexisting lots, structures, and uses are called “nonconforming situations.”
This chapter provides for the regulation of these legal nonconforming situations and specifies the circumstances, conditions, and procedures under which such nonconformities shall be permitted to continue and expand.
20.212.020 Continuation of nonconforming situations.
A. Unless otherwise specifically provided in this chapter and subject to the restrictions and qualifications set forth in this chapter, nonconforming situations that were otherwise lawful on the effective date of this code may be continued.
B. Nonconforming projects may be completed only in accordance with Section 20.212.080, Completion of nonconforming projects.
20.212.030 Conforming use protected.
Persons applying for uses permitted outrightly or conditionally, or persons operating such uses in a lawful manner, are held safe from objection or remonstrance by persons owning, occupying, or using nonconforming situations within the same zoning district.
20.212.040 Nonconforming lots.
A. When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements cannot be complied with, the applicant may apply for a variance prior to issuance of a building permit. (Ord. 2020-51 § 16, 2020; Ord. 2012-09 § 72, 2012: Ord. 2004-25 § 1, 2004: Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995).
20.212.050 Extension or enlargement or change of a nonconforming situation.
A. A nonconforming use already occupying a portion of a building may be extended within that building as a Level I use provided the expansion does not unreasonably increase noise, traffic, parking, or place unusual demand on water, sewer, or sanitary service to the site.
B. If no other structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided written findings in each specific case show that:
1. The expansion does not unreasonably increase noise, traffic, parking, or place an unusual demand on water, sewer, or sanitary service to the site.
2. The proposed use is one that is permissible in some zoning districts as a Level I, II or III use.
3. The proposed use is equally appropriate or more appropriate than the existing use.
4. All applicable requirements of this code that can be reasonably complied with are complied with.
5. The director shall determine in each specific case the level of review required.
C. Expansion of an enclosed nonconforming use to land outside the building is not permitted.
D. A nonconforming situation may be enlarged one time to provide additional area not to exceed twenty percent of the floor area or land area which it occupied at the effective date of this code. Except as provided in subsection A of this section, application for enlargement of a nonconforming situation shall be a conditional use (Level III review); However, single-family residences and their accessory structures may be enlarged up to the allowable lot coverage as a Level I procedure.
E. Extension of Existing Building Lines. Where a portion of a building is located within a required setback area, the building may be extended along its existing building line but shall not encroach further into the required yard. (See Figure 20.212-1, Building Line Extension.)
Figure 20.212-1 Allowable Building Line Extension
F. The development standards and specific use controls applicable to a non-conforming situation are those which apply to the zone in which it is located, or the zone in which it would normally be permitted, whichever are more restrictive; except for uses incidental and accessory to a principal nonconforming use.
G. A permit for enlargement of a nonconforming situation in no way removes the nonconforming status.
H. The development standards and specific use controls applicable to a nonconforming situation are those which apply to the zone in which it is located, or the zone in which it would normally be permitted, whichever are more restrictive. (Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995).
20.212.060 Repair, maintenance and reconstruction.
A. Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Such activities are subject to Level I review.
B. Expansion, enlargement, repair or reconstruction of a nonconforming residential accessory structure may be permitted under Level I processing when the nonconformity is a result of setback issues, and placement of accessory structures on the rear side property lines is a common neighborhood characteristic.
C. Major renovations or reconstruction, i.e., work estimated to cost over twenty-five percent of the replacement costs of the structure, may be done only in accordance with conditional use procedures (Level III), Chapter 20.216. In addition to the general criteria of Section 20.216.040, the following criteria shall be met when repairs or reconstruction costs are greater than fifty percent of the replacement cost:
1. The proposed repair or reconstruction does not materially increase noise, odor, traffic, or other adverse effects on surrounding property which conforms to the provisions of the use zone applicable to the property.
2. The proposed repair or reconstruction does not increase the nonconformity of the structure or use.
D. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any nonconforming building ordered by any official charged with protecting public safety. (Ord. 2021-46 § 15, 2021; Ord. 2001-17 § 15, 2001).
20.212.070 Discontinuance of nonconforming situations.
A. A nonconforming situation shall become discontinued when:
1. It is succeeded by a Level I, II, or III use; or
2. It is succeeded by another use or structure that is less nonconforming; or
3. It is discontinued and not reestablished within six months, or within three months in the Downtown planning area as depicted in Figure 20.06-4 of this code; or
4. A nonconforming structure and/or a structure occupied by a nonconforming use is damaged by any cause, and application for a building permit to repair, rebuild, or replace the structure is not made within six months of such damage.
B. When a nonconforming situation is discontinued, the structure or use shall thereafter conform to the regulations for the district in which it is located; provided, when discontinuance results from a lapse in use, the following shall apply:
1. Single-family residences may be vacant for a period greater than six months, or greater than three months in the Downtown planning area, without losing nonconforming status provided tenants for the structure are continuously and actively sought.
2. When a nonconforming use or structure other than a single-family residence has been vacant or discontinued as applicable, for more than six months, or three months in the Downtown planning area, the hearing examiner may consider an application for a different nonconforming use or structure following procedures outlined for a Special Use Permit, Chapter 20.224. (Ord. 2004-25 § 2, 2004: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 75, 1997).
20.212.080 Completion of nonconforming projects.
When a Development Authorization has been issued for a structure or use which was legal prior to adoption of this code, the structure or use may be completed according to the approved plans even though the structure or use or both are nonconforming unless the date of the Authorization expires or activity ceases under a Building Permit.
20.212.090 Sale of nonconforming use or structure.
Property classed as nonconforming may be transferred without that fact alone affecting the right to continue the nonconforming situation.
20.212.100 Application for rehearing.
If an application for enlargement, extension, repair, or reconstruction of a nonconforming situation is denied, another application for enlargement, extension, repair, or reconstruction of the nonconforming situation shall not be filed within a period of one (1) year from the date of denial.
20.212.110 Appeal.
Decisions by the Hearing Examiner for Nonconforming Situations may be appealed in accordance with Chapter 20.38, Closed Record Decision and Appeals.