Chapter 23.19 — NONCONFORMING USES, STRUCTURES, AND LOTS

This chapter is intended to permit use of lots, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this title in a manner that does not conflict with the General Plan. To that end, this chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.

(Ord. 4823, passed 1-22-24)

The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this title as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map.

(Ord. 4823, passed 1-22-24)

(A) Nonconformities, generally. Any lawfully established use, structure, or lot that is in existence on the effective date of this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming.

(B) Right to continue. Any nonconforming use or structure may be continued and maintained provided there is no alteration, enlargement, addition, intensification or other change to the nonconforming use or structure except as otherwise provided in this chapter.

(1) The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.

(2) The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.

(3) The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated as described in § 23.19.070.

(Ord. 4823, passed 1-22-24)

Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of an area, width, or depth less than that required by zoning district regulations.

(A) Development standards. Nonconforming lots shall be subject to the same development standards as a standard lot within the same zoning classification.

(B) Reductions prohibited. No nonconforming lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement or otherwise allowed pursuant to state law. (Ord. 4823, passed 1-22-24)

Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the Building Official to be a public nuisance because the building is in an unsafe condition pursuant to Chapter 20.05 of the Municipal Code.

(A) Maintenance and repairs. Nonstructural and structural maintenance, repair, and alterations to a nonconforming structure are permitted provided any additions comply with division (B) below.

(B) Additions. Additions to nonconforming structures are allowed if the addition complies with all applicable laws and requirements of this title, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this title.

(1) Nonconforming residential setbacks. An existing legally established dwelling that no longer conforms to a setback standard may be enlarged provided that the enlargement does encroach any further into the setback and the encroachment is less than 50% of the required setback, and the enlargement is limited to the first floor. Additions above the first floor shall conform with the requirements of this title.

(C) Restoration of a damaged structure. A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural

disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.

(1) Restoration when damage is 50% or less of replacement value. If the structure is damaged or partially destroyed to the extent that the cost of all necessary structural and health and safety repairs is equal to or less than 50% of its replacement value, as determined by the Chief Building Official, the structure may be restored and any nonconforming use resumed, provided that a building permit is issued for the restoration within two years from the date of destruction. Restoration of the structure shall not increase the discrepancy between pre-existing conditions and the existing applicable standards for the zoning district in which it is located.

(2) Restoration when damage exceeds 50% of replacement value. If the structure is damaged or partially destroyed to an extent that the cost of all necessary structural and health and safety repairs is greater than 50% of its replacement value, as determined by the Chief Building Official, or is voluntarily razed or required by law to be razed, the structure shall not be restored except in full conformity with the standards for the zoning district in which the structure is located, and the nonconforming use shall not be resumed, except as provided below.

uctural and health and safety repairs is greater than 50% of its replacement value, as determined by the Chief Building Official, or is voluntarily razed or required by law to be razed, the structure shall not be restored except in full conformity with the standards for the zoning district in which the structure is located, and the nonconforming use shall not be resumed, except as provided below.

(a) Residential structures. Any nonconforming residential structure may be reconstructed or restored up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed, provided the rebuilt or restored development complies with all current design and property development standards, except offstreet parking may be restored to the amounts prior to the damage or destruction. A building permit for the restoration shall be issued within two years from the date of destruction.

(D) Nonconforming signs. Lawfully established signs that do not conform to the requirements of this title may only be maintained in compliance with the requirements of Chapter 23.21. (Ord. 4823, passed 1-22-24)

Nonconforming uses shall not be expanded or changed except as provided below.

(A) Expansion. Nonconforming uses may only be expanded as follows.

(1) Residential uses. A nonconforming residential use may expand the portion of an existing structure that it occupies, and may expand into an enlargement of a structure that it occupies, provided the number of dwelling units

does not increase and the area the residential use is expanding into has not been used for a conforming use within the previous 12 months.

(2) Non-residential uses. Non-residential nonconforming uses may be allowed to expand with approval of a conditional use permit where the Planning Commission makes all of the following findings

(a) The expanded use is located within an existing, completely enclosed structure;

(b) The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare; and

(c) With the exception of the nonconforming use, the proposed expansion would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable specific plan.

(B) Change in tenancy, ownership, or management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 23.43, Use Classifications.

(C) Change from a nonconforming use to permitted use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.

(D) Absence of permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4848, passed 9-8-25)

No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 12 months. The 12-month period shall commence when the use ceases. (Ord. 4823, passed 1-22-24)