Chapter 17.124 — NONCONFORMING STRUCTURES AND USES

• A. Provisions of this chapter provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. It is the intent of this chapter to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely manner.

• B. Nonconforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners and conforming to State law.

(Prior code § 159.62.010; Ord. 782 6-20-23)

Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures and may continue even though they fail to conform to the present requirements of the land use district in which they are located. Legal nonconforming structures may be maintained as follows:

• A. In order to comply with State housing law and aid in alleviation of the housing crisis, residential units shall not be deemed legal non-conforming. Therefore, such uses can be expanded so long as all applicable permits and laws are met, and additions meet all current development requirements.

• B. Legal nonconforming structures which are damaged to an extent of 1/2 or more of replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this Zoning Ordinance. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire and earthquake, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within 2 years after the catastrophe.

• C. Necessary repairs and desired alterations may be made to legal nonconforming residential structures, including multifamily, located in a residential land use district.

• D. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 1/2 of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

• E. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any consecutive 5 year period.

• F. The replacement cost shall be determined by the Director.

• G. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this Zoning Ordinance.

• H. In the event that the use of a nonconforming structure is discontinued by evidence of vacancy for a period of 6 or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Zoning Ordinance. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply:

In the event that the use of a nonconforming structure is discontinued by evidence of vacancy for a period of 6 or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Zoning Ordinance. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply:

1. The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director.

2. In the event that characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of 6 or more consecutive calendar months.

3. Where there are no business receipts available for the 6 month period.

• I. The Director shall permit a nonconforming structure to be reoccupied without complying with the building dimensional requirements (pertaining to height, setbacks and/or lot coverage) or the landscaping requirements in Chapter 17.56 where the use of the nonconforming structure has been discontinued for 6 months or more and if the Director determines that a portion of the structure or the required on-site parking must be removed in order for the structure to conform to the provisions of this Zoning Ordinance. All other requirements in the municipal code, including but not limited to this chapter, shall apply to the reoccupancy of the structure.

• (Prior code § 159.62.020; Ord. 782 6-20-23)

The continuance of legal nonconforming uses are subject to the following:

• A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change.

• B. If a nonconforming use is discontinued for a period of 6 or more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Zoning Ordinance.

• C. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.

• D. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

• E. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsection F of this section.

• F. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to the granting of a Development Permit after a noticed public hearing as specified in Section 17.104.020 , and if all the following findings are made:

  1. That the nonconforming use is similar to the uses originally allowed in the center or complex;

  2. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and

  3. That the use of the entire center or complex has not been vacant or discontinued for a period of 6 or more calendar months.

• G. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit after a noticed public hearing as specified in Section 17.104.020 , and if all of the following findings are made:

  1. That such expansion or change is minimal;

  2. That such expansion or change will not adversely affect or be materially detrimental to adjoining properties;

  3. That there is a need for relief of overcrowded conditions, for modernization in order to properly operate the use, or to meet a requirement of the Building Code; and

  4. That the use is existing and has not been discontinued for a period of 6 or more calendar months.

(Prior code § 159.62.030; Ord. 782 6-20-23)

A nonconforming lot may be developed and used in accordance with this chapter provided all regulations of the district within which the lot exists can be met. (Ord. 782 6-20-23)

Legal nonconforming uses shall be discontinued within the following specified time limits, from the effective date of this Zoning Ordinance:

• A. A nonconforming use which does not occupy a structure: 5 years.

• B. The nonconforming use of a conforming structure within any residential land use district: 15 years.

• C. The nonconforming use of a conforming structure within any commercial/industrial land use district: 10 years.

The above notwithstanding, the Director, after application by the use operator or structure owner, shall allow the legal nonconformity to continue, for the same period as the initial periods in subsections A through C above, so long as the Director finds that the legal nonconformity is otherwise in compliance with all applicable Federal, State and local laws, including, but not limited to, taxes are paid timely, and no code compliance issues exist, and the structure or use is otherwise in good repair and order.

(Prior code § 159.62.040; Ord. 782 6-20-23)

When any nonconforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or

expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

(Prior code § 159.62.050; Ord. 782 6-20-23)

Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of Chapter 17.96 (Enforcement of Provisions) and State law. (Prior code § 159.62.060; Ord. 782 6-20-23)