Chapter 17.03 — NONCONFORMITIES

Existing uses, buildings and structures which do not conform to the regulations of the zoning district where located shall be subject to the regulations in this chapter, in addition to general regulations contained in other chapters of this Title, in order to permit the continued operation of such uses, buildings and structures, while providing for their eventual elimination. This chapter is intended to be administered in such a manner as to encourage the abatement of a nonconforming use or building, and the conformance of nonconforming lots. (Ord. 822-2016 § 5 (part), 2016)

A nonconformity is a building, structure, use or lot which, when erected, established, developed or created complied with all the applicable provisions of this Title or prior planning and zoning regulations, but which presently fails to conform to one or more of the provisions of this Title. Nonconformity shall include a building, structure, lot or use legally existing and located in the unincorporated territory which, upon annexation to the City, does not comply with the provisions of this Title. Refer to definitions in Sections 17.04.152 and 17.04.154. (Ord. 822-2016 § 5 (part), 2016)

Buildings, structures and uses which did not conform to the applicable provisions of this Title or prior planning and zoning regulations when established are violations of this Title and subject to the provisions of Section 17.00.070. No right to continue occupancy of property containing such a building, structure, or use is granted by this chapter, is allowed unless, such activity, use, or site development is lawfully permitted to continue and all permits and entitlements required by this Title are obtained.

(Ord. 822-2016 § 5 (part), 2016)

Nonconformities include, but are not limited to, the following:

• A. Nonconforming buildings or structures.

• B. Nonconforming use or activity within a nonconforming building or structure.

• C. Nonconforming use or activity within a conforming building or structure.

• D. Nonconforming use or activity upon land containing no buildings or only structures incidental to the use of the land.

• E. Nonconformance with development standards as defined in Section 17.04.051.

• F. Uses which require a use permit which were not established in accordance with Chapter 17.08.

(Ord. 822-2016 § 5 (part), 2016)

A. A building, structure or part thereof which does not conform to the regulations for the zone in which it is situated, but for which a building permit, use permit, or variance was issued and exercised prior to the applicability of such regulations to the property, may be completed, provided that work is pursued continuously and without delay. Such building structure or part thereof shall be deemed to be a nonconformity and shall thereafter be subject to the restrictions set forth in this chapter.

B. A right granted by a variance or use permit requiring a building permit shall be deemed exercised when the permit has been secured, continuous onsite construction activity such as the pouring of a foundation, installation of utilities or other similar substantial improvements have commenced, and the construction is being diligently pursued to completion. Grading of a site shall not constitute construction activity. For purposes of this section, a right

"requiring a building permit" shall mean a right by which specific construction activity requiring a building permit is authorized, which construction activity could not be legally performed in the absence of the variance or conditional use permit granting the right.

C. A right not requiring a building permit shall be deemed exercised when the activity permitted has commenced to the extent authorized by the variance or conditional use permit.

(Ord. 822-2016 § 5 (part), 2016)

Nonconformities may be continued subject to the provisions of this chapter.

(Ord. 822-2016 § 5 (part), 2016)

Except as permitted in Section 17.03.110, a nonconformity shall not be enlarged, expanded, or intensified:

• A. To occupy a greater area, either on the same or on any adjoining parcel of land.

• B. To other parts of a building when the nonconformity occupies a part of such building.

• C. To displace a conforming use.

• D. By use of non-adjoining land for parking, storage or other accessory or incidental uses.

• E. By any other change in the nonconformity which has a significant impact upon the use and enjoyment of any other property in the area.

• (Ord. 822-2016 § 5 (part), 2016)

A Planning Commission conditional use permit is required to change from one nonconforming use to another nonconforming use. A conditional use permit must be granted prior to the change in nonconforming use or shall be subject to the provisions of Section 17.00.070.

(Ord. 822-2016 § 5 (part), 2016)

A. Structural alterations shall be permitted in nonconforming buildings or structures with the granting of a conditional use permit. Only such repairs as are a part of normal, necessary maintenance shall be permitted in nonconforming buildings or structures without an entitlement.

B. Such repairs shall not exceed fifteen percent (15%) of the replacement value of the building or structure in any one (1) year.

• C. Structural alterations shall not be permitted in buildings or structures in which a nonconforming use exists.

• D. Notwithstanding subsections A. B. and C. of this section, all repairs or alterations otherwise required by law shall be permitted.

• (Ord. 822-2016 § 5 (part), 2016)

A. Notwithstanding any other provision of this chapter, the Planning Commission may issue a use permit to authorize an addition, enlargement or relocation of a nonconforming building, structure, or use, or to authorize a change of a nonconforming use to a similar or less intensive nonconforming use, upon a determination that the benefit to the public health, safety or welfare exceeds any detriment inherent in such change.

B. The procedural and substantive requirements for any hearing to consider changes to a nonconformity as provided in this section shall be the same as those for a use permit provided in Chapter 17.08. Both the standards in this section and the standards in Chapter 17.08 must be satisfied before an application for a change to a nonconformity may be approved.

(Ord. 822-2016 § 5 (part), 2016)

A. The discontinuance of a legal, nonconforming use for a continuous period of one (1) year shall terminate all rights in such conformity.

B. The discontinuance of a legal nonconforming use on a parcel of land containing no buildings and containing only structures incidental to the use of such land for a continuous period of three (3) months shall terminate all rights in such nonconformity.

C. The non-renewal of a business license establishes a presumption that the activity for which it was granted has been discontinued.

D. The abandonment of any nonconformity shall terminate all rights herein.

(Ord. 822- 2016 § 5 (part), 2016)

If a nonconforming building or structure, or a conforming building or structure used for a nonconforming use, is damaged, destroyed, or demolished, the right to continue occupancy of the nonconforming building or structure, or to continue the nonconforming use shall cease; provided, however, that such building or structure may be repaired or rebuilt and reoccupied as follows:

A. If the cost of repairing or replacing the damaged portion of the building or structure does not exceed seventyfive percent (75%) of the total replacement value of the building or structure prior to damage or destruction, the building or structure may be restored and the use continued if such restoration is started within one (1) year of the date of damage or destruction and is diligently pursued to completion.

B. If the cost of repairing or replacing the damaged portion of the building exceeds seventy-five percent (75%) of the total replacement value of the building or structure prior to damage or destruction, a use permit shall be required to authorize the restoration of such building or structure and continue the use, upon a determination that the benefit to the public health, safety or welfare exceeds any detriment inherent in the restoration. The procedural and substantive

requirements for any hearing to consider restoration of a nonconforming building or structure as provided in this section shall be the same as those for a use permit provided in Chapter 17.08. The standards in Chapters 17.03 and 17.08 must be satisfied before an application allowing restoration of nonconformity may be approved. (Ord. 822-2016 § 5 (part), 2016)

In the event that a legal nonconforming use or building is found to constitute a public nuisance, nothing in this chapter shall be construed to permit the retention of such nonconforming use or building. The City Attorney may, with the consent of the City Council, commence an action or proceeding for the abatement and removal of such nonconforming use or building.

(Ord. 822-2016 § 5 (part), 2016)