Article 7 — NONCONFORMITIES

Chapter 21.74 - GENERAL NONCONFORMING PROVISIONS

This article establishes uniform provisions for the regulation of nonconforming land uses, nonconforming development (including structures and improvements), and nonconforming lots that were lawfully established but do not comply with the current requirements of this article ("nonconforming situations"). The overall intent of this article is to protect public health, safety, and general welfare while allowing reasonable use of private property by:

A.

Limiting the number and extent of specific nonconforming uses and development that conflict with the provisions of this title by prohibiting their reestablishment after discontinuation;

B.

Limiting the extent to which nonconforming uses and development that are involuntarily damaged or destroyed can be restored;

C.

Allowing for the continuation and maintenance of nonconforming uses and development until such use or development is changed in any manner beyond the scope allowed by this article;

D.

Establishing procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and development; and

E.

Limiting the alteration, enlargement, or relocation of nonconforming uses and development in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this zoning code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.74.020 - Establishment of legal nonconforming status.

A.

Uses or developments that were not lawfully established do not have a legal right to continue as nonconforming situations as defined by this article and shall be removed immediately. See Chapter 1.02 (Penalties).

B.

Nonconforming situations shall have the following meanings:

1.

A nonconforming lot means a lot that was lawfully established but does not meet the requirements of the zoning district in which it is located.

2.

A nonconforming development means a structure, building, or site improvement, such as an off-street parking facility, that was lawfully established in compliance with the applicable zoning regulations in effect at the time of construction or establishment but which no longer complies with the applicable development standards of the zoning district in which it is located, such as setbacks, buffers or yards, area, bulk, height, density, or parking.

3.

A nonconforming use means a use of land or a structure that was lawfully established in compliance with the applicable zoning regulations in effect at the time it was established but which no longer complies with the applicable regulations of the zoning district in which it is located.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

When submitting a development application to alter or expand a nonconforming situation or otherwise establish that a lot, development, or use is a legal nonconforming situation, the property owner or applicant shall document that a nonconforming situation was legally established on its present site. Evidence that the situation was legally established shall depend upon the type of nonconforming situation, as follows:

A.

For nonconforming lots, the property owner or applicant shall document when the lot was lawfully created based upon recorded deeds or similar.

B.

For nonconforming development or nonconforming uses, the property owner or applicant shall provide building, land use, or development permits. For development or uses which did not require a permit when lawfully established, the property owner or applicant shall provide other evidence which clearly shows the date the development or use was established, such as dated aerial photographs.

C.

In addition, for nonconforming uses, the property owner or applicant shall document that the use has been continually maintained the prior twelve months. However, an extension of time to demonstrate that the use has not ceased may be granted by planning commission action or, upon appeal, city council action. Evidence that a use has been maintained over time shall consist of building permits, functioning utility hookups, tax records, business licenses, lease agreements, business receipts, and/or similar documentation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.74.040 - Loss of legal nonconforming status.

A.

The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance pursuant to the provisions of Chapter 9.06 (Nuisance Abatement) or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the city council or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Section 9.06.030 (Nuisances), a nonconforming use is a public nuisance if:

1.

The use interferes with the enjoyment of life or property in the neighborhood; or

2.

The use is injurious to the health of persons in the neighborhood.

B.

The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located is determined to be a public nuisance pursuant to the provisions of Chapter 9.06 (Nuisance Abatement) or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated by the city council or order of the court. If the abatement of the nuisance required demolition of the structure, the city council order or judgment or order of the court shall find that in fairness and in justice there is no other way reasonably to correct the nuisances other than by demolition of the structure.

C.

Where it cannot be found that demolition of a structure is appropriate, the city council may permit the structure to remain in existence but may impose one or more conditions to bring the structure into conformity with the requirements of this title so far as is reasonable, in addition to any other conditions necessary to abate the public nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Whenever any city action to require dedication of land to or purchase of land by the city for any public purpose, or any eminent domain proceedings by any government agency, results in the creation of a nonconforming condition within the meaning of this title, such conditions shall not be considered nonconforming within the meaning of this title. The city shall record a deed notification of said conformity determination at time of dedication or acquisition.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.75 - NONCONFORMING LOTS

A.

Nonconforming lots may be developed with land uses that are permitted by the zoning district in which they are located, provided that all development occurs per zoning code standards.

B.

Lot line adjustments to nonconforming lots that do not increase the deviation between the existing nonconforming situation and the code requirement or create a new nonconforming situation are allowed.

C.

If a development is proposed on a nonconforming lot and a contiguous lot or lots is owned by the same party as the lot on which the development is proposed, the city shall have the authority to require the merger of the lots to create a conforming lot, provided all the following requirements are met:

1.

At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

2.

With respect to any affected parcel, one or more of the following conditions exists:

a.

Comprises less than five thousand square feet in area at the time of the determination of merger;

b.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c.

Does not meet current standards for sewage disposal and domestic water supply;

d.

Does not meet slope stability standards;

e.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f.

Its development would create health or safety hazards, as determined by the director; or

g.

Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

Any such requirement for a merger shall be processed as a lot line adjustment pursuant to Chapter 22.18 (Lot Line Adjustment Process).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)