Chapter 19.49 — NONCONFORMING USES, STRUCTURES AND LOTS

(A) The purpose of this chapter is to regulate buildings and uses which do not conform to one or more provisions of this title, but were lawfully established and in compliance with all applicable ordinances and laws at the time this title and any amendment thereto was adopted.

(B) This chapter is intended to prevent the expansion of nonconforming buildings and uses and establish the circumstances under which they may be altered, repaired or changed.

(C) Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming buildings and uses. Such uses shall be removed immediately upon notification by the community development director.

(Ord. 2001-02 § 1, 2001.)

19.49.020 Definitions.

For the purposes of this chapter, the following terms are defined as follows:

"Appraised valuation" means either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally-recognized property appraiser.

"Cost" of renovation or repair or replacement means the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement. Renovation, repair, or replacement costs shall be determined by the building official, whose decision may be appealed to the city council. The "cost" of such renovation of repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of this chapter by doing such work incrementally.

"Nonconforming lots" means a lot, the area dimensions, or location of which was lawful prior to the effective date of this title, or any amendment thereto, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district in which it is located.

"Nonconforming structure" means any structure that was lawfully established and in compliance with the applicable ordinances and laws at the time the ordinance codified in this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all the applicable regulations and standards of development in the zoning district in which it is located.

"Nonconforming use" means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance codified in this title, or any amendment thereto, became effective, but which, due to the application of this title or any amendment thereto is a use not listed as permitted, accessory, or subject to permit in the zoning district in which it is located. "Nonconforming use" shall also include uses reclassified from permitted to subject to permit in the same district, and uses made nonconforming by the addition of a development standard previously not required for such use in the same zoning classification, where such added standard is specified to be a "condition of use."

(Ord. 2001-02 § 1, 2001.)

The following limitations shall apply to nonconforming structures:

(A) A nonconforming structure shall not be moved, altered, enlarged, or reconstructed so as to increase the discrepancy between existing conditions and the development standards specified for the zoning district in which the structure is located, except that where a dwelling unit has a nonconforming side yard or rear yard setback, the nonconformity may be extended along the length of the nonconforming façade.

(B) A nonconforming structure which is damaged to the extent that the cost of repair or replacement would exceed fifty percent of the appraised value of the damaged structure may be restored only if made to conform to all provisions of this title.

(C) Repairs and changes to interior partitions or other nonstructural improvements may be made to a nonconforming structure; however, the cost of such repairs and changes shall not exceed fifty percent of the appraised value of the structure to be renovated.

(D) Subject to the valuation limit in subsection (C) of this section, structural elements may be modified where the building official determines such modification is immediately necessary to protect the health and safety of the public or occupants of the nonconforming building or adjacent property.

(E) If the use of a nonconforming structure is discontinued for a period of twelve months or more, the structure shall lose its nonconforming status and shall thereafter be removed or altered to conform to the provisions of this title. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this subsection, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for twelve months shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continually maintained.

(Ord. 2001-02 § 1, 2001.)

The following limitations shall apply to nonconforming uses:

(A) A nonconforming use may be continued, provided that a nonconforming use which ceases for a continuous period of one hundred eighty days, or a nonconforming seasonal use which ceases operation for one season, shall lose its nonconforming status, and the premises on which the nonconforming use was located shall from then on be used for conforming uses only.

(B) Change of ownership, tenancy, or management of nonconforming use shall not affect its legal nonconforming status.

(C) A nonconforming use shall not be enlarged or extended to occupy any part of a structure or site which it did not occupy on the effective date of this title or of any amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

(D) A nonconforming use shall not be intensified. For example, it may not be modified so as to directly increase the number of employees or patrons, or to extend hours of operation.

(E) A lot or portion thereof occupied by a nonconforming use may be further developed by the addition of conforming uses and structures.

(F) No structure, the use of which is nonconforming, shall be moved or altered unless required by law, or unless the moving or alteration will result in the elimination of the nonconformity.

(G) A conditional use permit shall be required for the reconstruction of a structure housing a nonconforming conditional use established prior to enactment of this title if the structure is destroyed to an extent greater than fifty percent.

(H) No use of land or structure existing at the time of adoption of this title shall be deemed to be nonconforming solely because of a failure to meet the requirements of Chapter 19.21, Parking and Loading.

(Ord. 2001-02 § 1, 2001.)

Any lot, the area, dimensions or location of which was lawful on the effective date of the ordinance codified in this title or any amendment thereto, but which fails by reason of such adoption or amendment to conform to the requirements of the applicable zoning district, shall be considered buildable for the purposes of this title.

(Ord. 2001-02 § 1, 2001.)

Certificates of occupancy for nonconforming uses existing on the effective date of the ordinance codified in this title may be issued by the community development director. The certificate shall state that the use is in nonconforming use and does not conform with the provisions of this title, but is operating legally, consistent with nonconforming provisions of this chapter.

(Ord. 2001-02 § 1, 2001.)

Refer to Chapter 19.23, Sign Regulations, for provisions regarding nonconforming signs.

(Ord. 2001-02 § 1, 2001.)

Nothing contained in this chapter shall be construed or implied so as to require the removal of public utility buildings, structures, equipment, or facilities provided that there is no change of use and no enlargement of the land area devoted to such use.

(Ord. 2001-02 § 1, 2001.)

(A) Purpose.

(1) Accommodate continued fossil fuel service station operation as a legal nonconforming use and describe when they may be deemed abandoned.

(2) Allow alterations to fossil fuel service station when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of zero emission vehicles, or enable other uses permitted within the respective zoning district.

(3) Prohibit fossil fuel service station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.

(B) Applicability. This section applies to:

(1) All lawfully developed and operating fossil fuel service station uses in existence prior to March 3, 2022.

(2) All fossil fuel service station uses not yet developed and/or operating but subject to an approved and unexpired land use permit as of March 3, 2022.

(C) Modifications to Fossil Fuel Service Station Uses, Generally. Except as provided below, fossil fuel service station uses and structures shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. Examples of features subject to this provision include, but are not limited to, retail fossil fuel sale, storage, conveyance, and dispensing (i.e., storage tanks, pumps, dispensers).

(D) Modifications to Improve Public Health and Safety. Fossil fuel service station uses may be modified to conform to current public health and safety standards (i.e.: stormwater quality control regulations or remediate contamination of the soil, groundwater, pedestrian and bicycle access safety, traffic control devices).

(E) Modifications to Enable Zero Emission Vehicles (Battery Charging Station). Fossil fuel service station uses may be modified to accommodate battery charging station(s) for zero emission vehicles.

(F) Modifications to Enable Zero Emission Vehicles (Hydrogen Fuel Cell Station). Fossil fuel service station uses may be altered to include hydrogen storage, conveyance and dispensing facilities.

(G) Discontinuation of Fossil Fuel Service Station Uses or Structures. A fossil fuel service station use shall not be reestablished if such use has been discontinued for a continuous period of one hundred eighty days or longer, unless either of the following exceptions apply:

(1) If the use has discontinued for one hundred eighty days or longer because the nonconforming fossil fuel service station is subject to construction with a valid building permit that has not received final inspection, the nonconforming timeframe will be extended in accordance with the building permit application completion.

(2) If the use has discontinued for one hundred eighty days or longer due to a force majeure event, the nonconforming timeframe may be extended in accordance with a timeframe that receives the approval of the city community development director and the concurrence of the city attorney. The determination of whether an event or circumstance is a "force majeure event" is to be made at the discretion of the city.

e has discontinued for one hundred eighty days or longer due to a force majeure event, the nonconforming timeframe may be extended in accordance with a timeframe that receives the approval of the city community development director and the concurrence of the city attorney. The determination of whether an event or circumstance is a "force majeure event" is to be made at the discretion of the city.

(Ord. 2022-02 § 2, 2022.)