Chapter 17.90 — NONCONFORMING USES, STRUCTURES, AND PARCELS

A.

Nonconforming Regulations. This chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this development code, but which would be prohibited, regulated, or restricted differently under the current terms of this development code or an amendment that changed the applicable requirements.

B.

Discourage Long-Term Continuance. It is the intent of this development code to discourage the long-term continuance of nonconformities other than residential uses, generally providing for their eventual elimination, while allowing them to exist under the limited conditions identified in this chapter.

A.

Nonconforming Parcel. A parcel that was legally created before the adoption of this development code or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this development code.

B.

Nonconforming Sign. A sign that lawfully existed before the effective date of this development code or amendment, but does not comply with the current sign regulations of this development code.

C.

Nonconforming Structure. A structure that was legally constructed before the adoption or amendment of this development code, but does not comply with the current setback, height limit, off-street parking, and/or other applicable requirements of this development code.

D.

Nonconforming Use. A use of land, and/or within a conforming or nonconforming structure that was legally established and maintained before the adoption of this development code or amendment, but does not conform to the current development code requirements for allowable land uses within the applicable zone.

A nonconforming land use and the use of a nonconforming structure may be continued, including transfers of ownership; provided, their continuation shall comply with the requirements of this section. See Section 17.90.040 below for exceptions regarding certain residential uses and structures.

A.

Nonconforming Use of Land.

1.

General Rule. A nonconforming use of land may be continued, including through a transfer of ownership; provided that the use shall not be enlarged or increased, nor be extended to occupy a greater area of land than it lawfully occupied before becoming nonconforming.

2.

Nonconforming Use in a Conforming Structure. A nonconforming land use within a conforming structure may be expanded or replaced with a similar use with minor use permit approval, as follows:

a.

Expansion of Use. A nonconforming use within a portion of a structure may be extended throughout the structure; and

b.

Substitution of Use. A nonconforming use within a structure may be changed to another nonconforming use of the same type, or a use that is required by this development code to have less parking; except that if a nonconforming use is changed to a conforming use, no nonconforming use may be established thereafter.

B.

Nonconforming Structure. A nonconforming structure may continue to be used as follows:

1.

Changes To, or Expansion of a Structure. A nonconforming structure may be changed or expanded as follows:

a.

Nonresidential or Multifamily Structure. A nonconforming structure may be enlarged, extended, reconstructed, or relocated on the site with minor use permit approval, if the changes comply with all

applicable provisions of this development code; provided that the review authority first finds that the additional work is compatible with neighboring uses and would not adversely impact neighboring properties; and

b.

Single Dwelling. A single dwelling, including its garage, that is nonconforming with respect to setback requirements, height limits, or other development standards may undergo interior modifications in compliance with building code requirements without limitation by this chapter. Exterior modifications that go beyond the prior structure footprint may be allowed as follows:

(1)

The director may approve an addition to a nonconforming single-family dwelling where the addition complies with applicable setback requirements; and

(2)

An addition that encroaches into a required setback no further than an existing nonconforming portion of the structure may be allowed with minor use permit approval; provided, the addition is less than twenty-five percent of the total floor area of the existing structure; it complies with building code requirements; and the review authority first determines that the addition will not adversely affect any neighboring property.

2.

Conversion of Existing Nonconforming Structure to Residential Unit. Within a residential zone, a nonconforming accessory structure within a rear yard may be converted to an accessory dwelling unit (ADU), and a nonconforming residential structure within a rear yard may be rehabilitated and expanded; provided, that:

a.

The height of the structure does not exceed one story;

b.

The conversion and/or expansion complies with Subparagraph B.1.b., above; and

c.

The converted ADU complies with the standards identified in Section 17.44.190 (ADUs).

3.

Ordinary Maintenance and Repair. A nonconforming structure may undergo ordinary maintenance and repair.

Seismic Retrofitting and Building Code Compliance. A nonconforming structure may undergo alterations, reconstruction, or repair to reinforce unreinforced masonry or to comply with building code requirements; provided, the work is exclusively to comply with applicable earthquake safety standards and the building code, and does not change the structure's footprint or height.

(Ord. No. 818, § 3(Exh. A), 9-13-2022)

A.

Reconstruction or Replacement. An involuntarily damaged or destroyed single- or multi-unit nonconforming dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current building and fire code requirements.

B.

Substantial Expansion, Rehabilitation, or Renovation. Substantial expansion, rehabilitation, or renovation of an existing dwelling unit in a zone where residences are a nonconforming use may be allowed with minor use permit and development review permit approval, in compliance with Sections 17.72.060 and 17.72.030.

1.

Substantial expansion, rehabilitation, or renovation defined. Substantial expansion, rehabilitation, or renovation occurs when at least twenty-five percent of the floor area of the existing residential structure is proposed to be added to the structure and/or a building permit for construction valued at fifty percent or more of the assessed value of the structure before expansion, rehabilitation, or renovation is requested.

2.

Protection of Community and Neighborhood Character. Within the traditional community development zones (Chapter 17.21), the review authority shall ensure that minor use permit and development review approval for a substantial expansion, rehabilitation, or renovation shall maintain public health, safety, and welfare, maintain neighborhood character, and encourage mixed-use development.

A.

Termination by Discontinuance.

1.

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of twelve months or more, all rights to legal nonconforming status shall terminate.

2.

The director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation.

3.

The director may grant a minor use permit to allow an extension of the twelve-month period for a period not to exceed an additional twelve months if the director finds that circumstances of a significant or unusual nature prevent or have prevented the timely reestablishment of the use or structure. The applicant shall file an application for the minor use permit for the extension of time before expiration of the original twelvemonth period in compliance with Section 17.72.060.

4.

Once the rights to a legal nonconforming status have terminated, any further use of the site or structure shall comply with the regulations of the applicable zone and all other applicable provisions of this development code.

B.

Termination by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by Section 17.90.040 (residential exceptions), above for dwellings, and except as follows:

1.

If the cost of repairing or replacing the damaged portion of the structure is fifty percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within twelve months following the date of damage and is diligently pursued to completion.

2.

Minor use permit approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than fifty percent of the assessed value of the structure immediately before the damage. Minor use permit approval shall require a finding, in addition to those contained in Section 17.72.060, that the benefit to the public health, safety, or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity.

A.

Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this development code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the director by evidence furnished by the applicant:

1.

Approved Subdivision. The parcel was created by a recorded subdivision;

2.

Individual Parcel Legally Created by Deed. The parcel is under one ownership, was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming, and can be confirmed by a certificates of compliance issued in compliance with Section 17.84.020;

3.

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or

4.

Partial Government Acquisition. The parcel was created in compliance with the provisions of this development code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent and the yard facing a public right-of-way was decreased not more than fifty percent.

B.

Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel.

A.

Conformity of Uses Requiring a Use Permit. A use lawfully existing without the approval of a use permit or minor use permit that would otherwise be required by Article 2 (zones, allowable land uses, and zone standards) of this development code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).

B.

Previous Planning Permits in Effect. A use that was authorized by a use permit or minor use permit but is not allowed by this development code in its current location may continue, but only in compliance with the original use permit or minor use permit (e.g., maintaining the same site area boundaries, hours of operation, etc.).