Chapter 21.77 — NONCONFORMING USES

Legally nonconforming land uses may continue to be operated and maintained subject to the following limitations:

A.

The site or building areas in which they are located shall not be enlarged or increased. Exception: Subject to approval of a conditional use permit, additions may be made to residential dwelling units in commercial and industrial districts, provided that said addition shall not increase the number of dwelling units on a property, including the addition of any accessory dwelling unit.

B.

The intensity or level of use or activity shall not be increased in terms of hours of operation, daily generation of vehicle trips, or other metric determined by the zoning administrator based on the use.

C.

If a nonconforming use is abandoned for a period of twelve or more consecutive months, such use shall neither be reestablished nor resume operation, and subsequent land uses shall conform to the general and zoning district regulations of this title. The lack of a valid city business license for the nonconforming use for a period exceeding twelve months shall be evidence of abandonment of use.

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

21.77.020 - Destruction of a structure containing a legal nonconforming use.

A.

If the building(s) or structure(s) in which a legal nonconforming use is located is damaged by fire, earthquake, explosion, or other force majeure not attributed to a purposeful act of destruction to an extent of more than fifty percent of the gross floor area of the structure(s), the use shall neither be continued nor be reestablished at that location. Exception: If the nonconforming use consists of residential dwellings in a commercial or industrial zoning district subject to approval of a conditional use permit, any dwellings may be rebuilt if doing so would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the general plan would be advanced by such restoration.

B.

If the buildings or structures containing a legal nonconforming use are damaged by a purposeful act of destruction, the use may not be re-established.

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

Chapter 21.78 - OTHER NONCONFORMING PROVISIONS

21.78.010 - Nonconforming parking.

A.

Industrial, Commercial, and Other Nonresidential Developments.

1.

For industrial, commercial, and other nonresidential developments that are legally nonconforming only as to the regulations relating to off-street parking and loading facilities, such uses may be continued in the same manner as if the parking and loading facilities were conforming, except as needed to comply with Americans with Disabilities Act (ADA) and any applicable state or local disability access statute. However, such parking and loading facilities as do exist may not be further reduced with respect to number provided, dimensions, and any other relevant requirement.

2.

Any building addition or increase in the intensity of use of any building, structure, or premises shall provide parking for such addition or increase in intensity that conforms to the requirements of this title.

B.

Multi-family Residential Development. For any multi-family residential development that does not provide parking in compliance with the requirements this title, the following shall apply:

1.

On lots greater than nine thousand square feet in area and sixty-five feet in width, with residential dwellings with one parking space in a garage or carport, the square footage of any individual unit may be increased up to forty percent without requiring a second parking space in a garage or carport.

For residential units with no parking spaces provided, any addition to a unit shall require provision of at least one parking space in a garage or carport or as a designated, uncovered space.

3.

Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010(D) below.

4.

On lots greater than nine thousand square feet in area and sixty-five feet in width, with residential dwellings with one parking space in a garage or carport, the square footage of any individual unit may be increased up to forty percent without requiring a second parking space in a garage or carport.

5.

For residential units with no parking spaces provided, any addition to a unit shall require provision of at least one parking space in a garage or carport or as a designated, uncovered space.

6.

Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010(D) below.

C.

Single-family Residential Units. For any single-family residence that does not provide parking in compliance with the requirements of this title, the following shall apply:

1.

For a residential unit with only one parking space in a garage or carport, the square footage may be increased up to twenty percent or five hundred square feet, whichever is less, without requiring a second parking space in a garage or carport.

2.

For a residential unit with no parking spaces provided, any addition to that unit shall require provision of at least one parking space in a garage or carport.

3.

Exceptions for accessory dwelling units and urban dwelling units shall apply as specified in Subsections 21.78.010(D) and 21.78.010(E) below, respectively.

D.

Accessory Dwelling Units. The parking provisions associated with accessory dwelling units as specified in Subsection 21.58.060(H) (Parking) shall apply with respect to accessory dwelling units and the associated primary structures.

E.

Urban Dwelling Units. The parking provisions associated with urban dwelling units as specified in Paragraph 21.65.050(F)8. (Parking) shall apply with respect to the urban dwelling unit and, as applicable, to the associated primary structures.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024; Ord. No. 1151 N.S., § 5(Exh. B, § 1), 11-19-2024)