Chapter 18.72 — Nonconforming Uses, Structures, and Parcels

Sections:

18.72.010 – Purpose and Intent

• 18.72.020 – Definitions

• 18.72.030 – Proof of Legal Nonconformity

• 18.72.040 – Nonconforming Parking Provisions 18.72.050 – Nonconforming Adjustments

• A. Purpose. This Article provides regulations for nonconforming land uses, structures, and parcels which were lawful before the adoption of the Development Code, but which are prohibited, regulated, or restricted differently under the terms of the Development Code or a subsequent amendment.

B. Intent.

1. In order to limit the number and extent of nonconformities created by adoption of the Development Code, it is the City’s intent to generally allow nonconformities to continue until they are removed, but not to encourage their survival.

2. It is further the intent that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this chapter.

3. The intent is that nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are discontinued or become conforming.

4. This Article shall not apply to any use or structure established in violation of the adopted Zoning Ordinance for the City, unless the use or structure presently conforms with the provisions of the Development Code.

• A. Cessation or Discontinuance. Cessation or discontinuance of a nonconforming use shall be defined as an abandonment of the use, irrespective of the owner’s or occupant’s intent.

• B. Illegal Nonconformity. A parcel or a sign, structure, or use that was illegally constructed, created, installed, or initiated without proper permits or approvals, does not comply with the provisions of the Development Code. An illegal nonconformity is not eligible for any of the protections provided by this chapter.

• C. Nonconforming Parcel. A parcel legally created before the effective date of the Development Code, or subsequent amendment, which does not comply with the minimum area, depth, width, or other requirements.

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Chapter 18.72

Nonconforming Uses, Structures, and Parcels

• D. Nonconforming Sign. A sign legally existing before the effective date of the Development Code, or subsequent amendment, which does not comply with the sign regulations.

• E. Nonconforming Structure. A structure legally existing before the effective date of the Development Code, or subsequent amendment, which does not conform to the requirements of the zone in which it is located.

• F. Nonconforming Use. A use of land and/or a structure, whether conforming or nonconforming, legally existing before the effective date of the Development Code, or subsequent amendment, but which is no longer allowed in the zone in which it is located.

The property owner has the burden to prove legal nonconformity and the related protected status that comes with legal nonconformity.

• A. Property Owner’s Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property or use is a legal nonconformity.

• B. City is Not Responsible. It is not the responsibility of the City to prove the absence of legal nonconformity.

• C. Director’s Determination.

  1. The process begins with the property owner submitting sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status.

  2. The Director may decide the matter favorably on the documentation provided. In the alternative, the Director shall conduct an administrative hearing and provide notice of the hearing to the property owner.

  3. The property owner shall have the opportunity to appear and provide oral testimony on the legality of the nonconformity.

  4. The Director shall consider the evidence and make a determination as to the legality of the nonconformity and the available protections.

  5. The Director’s determination of legal nonconformity shall be appealable.

Where off-street parking spaces are provided and maintained in connection with a structure or use at the time the Development Code became effective and later become insufficient to meet the requirements for the use with which it is associated, or where no parking spaces have been provided, the structure may be expanded only if off-street parking is provided for the existing structure or use as well as the expansion in compliance with the standards identified in Chapter 18.30. The Director shall have the discretion to waive this provision by submittal of a parking study per the Institute of Transportation Engineers (ITE Parking Manual) or similar material to demonstrate the intended use of the lot.

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Article 6 – Nonconforming Uses, Structures, and Parcels

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A. Nonconforming Adjustments.

1. Nonconforming adjustments provide a procedure for City review and decision on proposals to continue a legal nonconforming use, allow the substitution of one nonconforming use for another nonconforming use, or allow minor modifications of applicable Development Code standards to allow the expansion of the use or structure, when pertaining to existing uses or structures, and not the initiation or construction of new uses or structures.

2. Nonconforming Adjustments are subject to special findings.

B. Authority to Allow Adjustments.

1. A nonconforming adjustment application shall be reviewed, and approved or disapproved by the Director.

2. The action of the Director on a nonconforming Adjustment may be appealed.

3. Nonconforming adjustments can be made up to a maximum of 10 percent of the allowable design standard.

• C. Special Findings for Nonconforming Adjustments. The Review Authority may approve an adjustment, with or without conditions, only if it first makes all of the following findings:

  1. The nonconforming adjustment is necessary because the use or structure was legal when it was originally initiated or constructed, but changes in the Development Code or the applicable zone development standards caused the use or structure to become legal nonconforming;

  2. Approving the nonconforming adjustment for the use or structure will not pose a serious hazard to the public health or safety of persons residing or working on or adjacent to the parcel; and

  3. The location, size, and operating characteristics of the legal nonconforming use or structure are compatible with the existing and future land uses in the vicinity.

  4. The modification does not increase the nonconforming situation or represent a significant increase of the nonconforming design standard.

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Article 6 – Nonconforming Uses, Structures, and Parcels

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