Chapter 4.20 — NONCONFORMING USES AND STRUCTURES

This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their re-establishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures and nonconforming signs by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this Code or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.

B. A structure, lawfully occupying a site on the effective date of the ordinance codified in this
Code or of amendments thereto, that does not conform with the standards for front yards,
side yards, rear yards, height, or floor area of structures, driveways, courts, or open space
for the district in which the structure is located shall be deemed to be a nonconforming
structure and may be used and maintained, except as otherwise provided in this chapter.

C. A use that does not conform with the parking, loading, planting area, landscaping,
screening, or sign regulations of the zoning district in which it is located shall not be
deemed a nonconforming use solely because of one or more of these nonconformities.

D. Routine maintenance and repairs may be performed on a structure, the use of which is
nonconforming, and on a nonconforming structure or nonconforming sign.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Nonconforming Uses May Not Be Expanded. A nonconforming use may not be expanded, except as an exception pursuant to this subsection.

1. Any enlargement, alteration, or relocation of a structure or site that would increase
the area to be occupied by the nonconforming use is not allowed.

2. The Zoning Enforcement Official may approve a minor alteration, such as tenant
improvements, to a structure containing a nonconforming use, providing that the
alterations do not increase the existing area or degree of nonconformity.

3. A nonconforming use shall not be enlarged, extended or expanded, including an
expansion to the hours of operation beyond those established at the time the use
became nonconforming.

4. Exception for Nonconforming Single-Family and Two-Family Uses. A
nonconforming single-family or two-family residential use may be enlarged, subject
to a use permit issued by the Planning Commission. The Planning Commission, in
addition to the findings required for a use permit, shall make the following findings:

a. That the expansion of the nonconforming single-family or two-family dwelling
and, thus, the perpetuation of the nonconforming residential use will not be
detrimental to the economic vitality of the area and surrounding conforming
uses; and

b. That the enlarged single-family or two-family dwelling is visually compatible
with the nearby conforming and nonconforming uses and upgrades the overall
condition of the structure and the neighborhood.

5. Exception for Nonconforming Clubs, Lodges and Religious Assembly Uses in
Commercial Zoning Districts. A nonconforming club, lodge, or religious assembly
use that lawfully existed in a commercial zoning district prior to May 7, 2003, may
be enlarged, subject to a use permit issued by the Planning Commission. The Planning
Commission, in addition to the findings required for a use permit, shall make the
following findings:

a. That the expansion of the existing nonconforming club, lodge or religious
assembly use and, thus, the perpetuation of the nonconforming club, lodge, or
religious assembly use will not be detrimental to the economic vitality of the
area and surrounding conforming uses; and

b. That the enlarged club, lodge, or religious assembly use is visually compatible with the nearby conforming and nonconforming uses and upgrades the overall condition of the structure and the neighborhood.

B. Nonconforming Structures and Buildings.

1. Alterations and Reconstruction Shall Not Increase Nonconformity. No
nonconforming structure shall be altered or reconstructed so as to increase the
discrepancy between existing conditions and the standards for front yards, side yards,
rear yards, height of structures, distances between structures, parking, driveways, or
open space prescribed in the regulations for the zoning district in which the structure
is located.

2. Enlargements and Relocations Shall Conform. No nonconforming structure shall be
moved or enlarged unless the new location or enlargement shall conform to the
standards for front yards, side yards, rear yards, height of structures, maximum
allowable floor area, distances between structures, parking, driveways, or open space
prescribed in the regulations for the zoning district in which the structure is located.

3. Additions Exceeding 50 Percent of the Nonconforming Structure's Value Not
Permitted. No nonconforming building shall be enlarged or altered if the total
estimated construction cost of the proposed enlargement or alteration, plus the total
estimated construction costs of all other enlargements or alterations for which
building permits were issued within the preceding 36-month period, exceeds 50
percent of the total estimated cost of reconstructing the entire nonconforming
building, unless the proposed enlargement or alteration would render the building conforming. For the purposes of this section, estimated construction and
reconstruction costs shall be determined by the Building Official in the same manner
as the valuation for building permit fees is determined.

4. Additions that Increase Nonconformity Requires Variance Approval. Any
enlargements or alterations shall conform to requirements in effect at the time of
issuance of the building permit. Nonconforming structures that would be enlarged or
altered in any manner that serves to increase the degree of nonconformity, or exceed
the 50 percent limitation prescribed above, shall not be permitted unless a variance is
obtained, as appropriate.

Exceptions.

a. Where a building is nonconforming only by reason of one substandard front or interior yard, provided that all nonconforming interior side yards are not less than three feet in width, the building may be enlarged or altered without regard to the estimated construction cost.

b. Where a building is nonconforming only by reason of a substandard side yard
and/or rear yard adjacent to a public street, the building may be enlarged or
altered without regard to the estimated construction cost.

C. Nonconformance with Performance Standards. No use which fails to meet the performance
standards of Section 4.04.340 Performance Standards shall be enlarged or extended or shall
replace equipment that results in the use's failure to meet the performance standards, unless
the enlargement, extension, or replacement equipment will result in elimination of
nonconformity with required performance standards.

D. Nonconforming Signs. No nonconforming sign shall be altered or reconstructed so as to
increase the nonconformity, nor shall such a sign be moved except in accord with Section

reconstruction makes the sign conform to the regulations of Chapter 4.12 Signs. (Ord. 2001-015 § 1; Ord. 2003-006 § 7; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

A. Abandoned Uses Shall Not Be Re-Established. A nonconforming use that is substantially discontinued or changed to a conforming use for a continuous period of 180 calendar days or more shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located, provided that this section shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall constitute cessation of a use regardless of intent to resume the use. The burden of proof in establishing whether a nonconforming use has been discontinued for less than 180 consecutive days shall be upon the operator of the use or person requesting re- establishment.

B. Substitution of Nonconforming Uses. A nonconforming use may be substituted for another
nonconforming use, provided that: (1) the previous use has not been discontinued for a
continuous period of 180 calendar days, or more; and (2) the new substituting use is of
lesser nonconformity than the previous use, based on the consistency of the new use with
the stated purpose of the applicable zoning district and its relative compatibility with
surrounding permitted uses, as determined by the Zoning Enforcement Official.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Structures Damaged by 50 Percent or Less May Be Restored. Whenever a structure that does not comply with the standards for yards, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity or by an act beyond the control of the property owner to the extent of 50 percent or less, the structure may be restored, and the nonconforming use may be resumed, provided that a building permit for restoration or other work satisfactory to the Zoning Enforcement Official is obtained within six months and construction diligently pursued to completion. An extension of the six month period may be reviewed and approved by the Community Development Director if the applicant can prove extenuating circumstances beyond the applicant's control exist.

B. Structures Damaged by Greater than 50 Percent May Not Be Restored. Whenever a
structure that does not comply with the standards for yards, height of structures, distances
between structures or usable open space prescribed in the regulations for the district in
which it is located or the use of which does not conform with the regulations for the district
in which it is located, is destroyed by fire or other calamity, or by an act beyond the control
of the property owner to an extent greater than 50 percent or is voluntarily razed or is
required by law to be razed, the structure shall not be restored except in full conformity
with the regulations for the district in which it is obtained, and the nonconforming use shall
not be resumed.

1. Exceptions for the Restoration of Residential Structures.

a. Residential structures in R districts that do not conform to standards for yards,
height of structures, open space, or lot area per unit may be reconstructed with
the same floor area, whatever the extent of the damage, subject to
Administrative Review and approved by the Zoning Enforcement Official, and
provided there is no increase in any nonconformity.

b. Residential structures in Commercial or Industrial districts that do not conform
to standards for yards, height of structures, open space, lot area per unit, or use,
may be reconstructed with the same floor area, whatever the extent of the
damage, subject to a use permit issued by the Planning Commission. To approve
the reconstruction where there is not to be an increase in any nonconformity, the
Planning Commission, in addition to the findings required for a use permit, shall
make the following findings:

i. That the reconstruction of the nonconforming structure and/or use will not
be detrimental to the economic vitality of the neighborhood and
surrounding conforming uses; and

ii. That the reconstruction of the nonconforming structure and/or use will not
pose a new risk to the occupants of the structure.

c. Single-Family Residential uses in Commercial or Industrial Districts may be
reconstructed to a size larger than the damaged structure, subject to a use permit
issued by the Planning Commission. The Planning Commission, in addition to the finding required for a use permit and to those required in paragraph 1.b,
shall also make the findings required in Subsection A.4 of Section 4.20.108
Alterations and Expansions.

d. Nonconforming residential uses other than Single-Family may not be expanded
when reconstructed.

2. Exceptions for the Restoration of Commercial Structures.

a. Commercial structures in Commercial districts that do not conform to standards
for yards, height of structures, open space, or parking may be reconstructed with
the same floor area, whatever the extent of the damage, subject to
Administrative Review and approved by the Zoning Enforcement Official,
provided there is no increase in any nonconformity.

b. Commercial structures in Residential districts that do not conform to standards
for yards, height of structures, open space, parking, or use may be reconstructed
with the same floor area, whatever the extent of the damage, subject to a use
permit issued by the Planning Commission, provided there is no increase in any
nonconformity. The Planning Commission, in addition to the findings required
for a use permit, shall make the following findings:

i. That the reconstruction of the nonconforming structure and/or use will not
be detrimental to the surrounding residential neighborhood; and

ii. That the past operation of the commercial establishment in this residential
district has not resulted in a significant negative effect on the surrounding
neighborhood.

C. Determining the Extent of Damage. The extent of damage or partial destruction shall be
based upon the ratio of the estimated cost of restoring the structure to its condition prior to
such damage or partial destruction to the estimated cost of a comparable building. For the
purposes of this section, estimated construction and reconstruction costs shall be
determined by the Building Official in the same manner as the valuation for building permit
fees is determined.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

Site Features.

An applicant for a building permit pertaining to a site or structure, located in a C, P, or I District that is nonconforming due to lack of screening of mechanical equipment, required walls or fences to screen parking, or outdoor storage or activity, required paving for driveways, or required planting areas, shall submit for approval by the Zoning Enforcement Official a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The Zoning Enforcement Official may require that priority be given to elimination of nonconformities that have significant adverse impacts on surrounding properties and shall not require a commitment to remove nonconformities that have minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Nothing in this section shall preclude the maintenance of legal nonconforming residential and accessory structures, residential and accessory uses, and fences in R districts. These legal nonconforming residential and accessory structures, residential and accessory uses, and fences in R districts must be maintained in conformance with all applicable local ordinances, including, but not limited to, the Uniform Housing and Building Codes.

A. Nonconforming Use When No Structure Involved. In any district the nonconforming use
of land shall be discontinued within one year from the effective date of the ordinance
codified in this chapter or one year from the date such use becomes nonconforming,
whichever date is later.

1. Exceptions. Preexisting parking lots in R districts that serve adjacent commercial uses
shall not be considered nonconforming.

B. Nonconforming Use in a Structure. All nonconforming uses shall be discontinued within
the time periods specified below, unless an exception is granted pursuant to Subsection C.

1. C, P, NA, SA, and I Districts. Seven years from the date of notification of
nonconformity.

C. Notification and Exception Procedures. The Zoning Enforcement Official shall determine
those properties for which there was a lawfully existing use, permitted, or conditionally
permitted, in the district in which they were located prior to the date of adoption of this
Code and which uses and buildings were rendered nonconforming by reason of adoption of
the ordinance codified in this chapter and the zoning map. Written notice of such
nonconformance, the termination procedures, and requirements of this section shall be
mailed to the owner of record and to the occupant of each such property. Within two years
of the date of mailing of such notice, any property owner, lessee with the consent of the
owner, or purchaser of such property acting with the consent of the owner may apply to
have such property excepted from the provisions of this section.

1. Application Requirements. An application for an exception from the requirements of
this section shall be initiated by submitting the following material and any other
information deemed necessary for the determination of the Zoning Enforcement
Official:

a. A completed application form, signed by the property owner or authorized
agent, stating the location and size of the property, the use on the date of
adoption of this Code, and the reasons indicating that the use or structure is
compatible with and will not be detrimental to uses designated in the General
Plan for the surrounding area.

2. Commission Review. The Planning Commission shall hold a duly noticed public
hearing within a reasonable time, following the procedures established in Chapter

§ 5.04.104. General Application for § 5.08.144. Temporary Use Permits. Zoning Permit.

Enforcement Official. SITE PLAN APPROVAL

§ 5.04.116. Effective Date; Lapse of § 5.12.100. Intent. Permit; Appeals. § 5.12.104. Applicability. § 5.04.120. Development Plans. § 5.12.108. Concurrent Processing. § 5.04.124. Environmental Review. § 5.12.112. Review and Approval

Chapter 5.06 Requirements. ADMINISTRATIVE EXCEPTIONS § 5.12.120. Appeals.

§ 5.06.100. Purpose. § 5.12.128. Conditions of Approval. § 5.06.200. Standards for Which an § 5.12.132. Effective Date; Lapse and Administrative Exception Renewal; Alterations. May be Approved.

Chapter 5.08 § 5.14.100. Purpose. USE PERMITS AND VARIANCES § 5.14.104. Applicability.

§ 5.08.104. Authority of Planning § 5.14.112. Application Requirements. Commission.

§ 5.14.136. Lapse of Approval; § 5.24.104. Enforcement Transferability; Responsibilities. Discontinuance; Revocation; § 5.24.108. Revocation of Discretionary Extension. Permits. § 5.14.140. Changed Plans; New § 5.24.112. Violations as Misdemeanors Applications. or Infractions.

Chapter 5.16 § 5.24.120. Lien Procedure. AMENDMENTS

Chapter 5.28

§ 5.16.108. Required Application § 5.28.100. Specific Purpose. Materials for Amendments § 5.28.104. Definitions. Initiated by Property § 5.28.108. Permit Required. Owners.

§ 5.28.120. Conditions of Approval. § 5.16.116. Duties of Planning Commission. § 5.28.124. Waiver.

Commission Chapter 5.32 Recommendation of Denial. RESIDENTIAL CONDOMINIUM CONVERSIONS § 5.16.124. Duties of City Council.

§ 5.32.104. Objectives. § 5.16.132. Resubmittal of Application.

APPEALS § 5.32.116. Application Procedures.

for Appeals. § 5.32.124. Condominium Conversion

§ 5.20.108. Time Limits for Appeals. § 5.32.128. Tenant Rights, Benefits, and

§ 5.20.116. Procedures for Appeals. § 5.32.132. Effect of Proposed Conversions on the City's § 5.20.120. Effective Date. Low-and Moderate-Income

Chapter 5.24 Low- and Moderate-Income ENFORCEMENT Housing.

Detainer Defense. REGULATIONS

NONRESIDENTIAL CONDOMINIUM § 5.40.104. Purpose of Alcoholic CONVERSIONS Beverage Sale Regulations.

§ 5.36.108. Definitions. § 5.40.112. Definitions. § 5.36.112. Application Requirements § 5.40.116. Automatic Deemed and Procedures. Approved Status. § 5.36.116. Required Reports and § 5.40.120. Performance Standards and Information. Deemed Approved Status. § 5.36.120. Condominium Conversion § 5.40.124. Notification to Owners of Standards. Deemed Approved Activities. § 5.36.124. Application Notification. § 5.40.128. Procedure for Consideration § 5.36.128. Required Findings. of Violations to Performance

§ 5.36.140. Retaliation Defense. § 5.40.136. Fee Schedule.

Entry.