Chapter 18.90 — General Nonconforming Provisions

Sections

18.90.010 – Purpose, Intent, and Definitions 18.90.020 – Establishment and Proof of Legal Nonconforming Status 18.90.030 – Existing Structures and Uses

• 18.90.040 – Customary Maintenance and Repair 18.90.050 – Modification and Expansion

• 18.90.060 – Nonconforming Minor Use Permit Procedures

• A. Purpose. This Article provides regulations for:

  1. Nonconforming parcels, signs, structures, and land uses that were lawfully permitted before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Code.

  2. The continuance, maintenance, and repair of nonconformities under certain circumstances and limiting reconstruction and reestablishment of nonconformities. These nonconforming uses and structures may continue or be discontinued as specified in this Article.

B. Intent.

1. In order to limit the number and extent of nonconformities created by adoption or amendment of this Zoning Code, it is the City's intent to generally allow nonconformities to continue until they are removed or abandoned.

2. It is further the intent of this Article that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance, or restored after involuntary destruction, except in compliance with this Article.

3. It is the City’s intent to ensure that certain nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are discontinued or become conforming.

4. This Article shall only apply to legal nonconformities and shall not apply to any use or structure established in violation of the adopted Zoning Code or other applicable laws, unless the use or structure presently conforms with the provisions of this Zoning Code and all other applicable laws.

C.

• Definitions. For purpose of this Article, the following terms shall have the following definitions:

1. Appraised Values. All appraised values referred to in this Article shall be determined by a State licensed appraiser and confirmed by the Building Official.

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General Nonconforming Provisions

2. Cessation or Discontinuance. Cessation or discontinuance of a nonconforming use shall be defined as an abandonment of the use, irrespective of the owner's or occupant's intent.

• 3 . Effective Date . The date this Zoning Code became effective, or any amendment thereto.

4. Illegal Nonconformity. A parcel, sign, structure, or use that was illegally constructed, created, installed, or initiated without proper permits or approvals, and does not comply with the provisions of this Zoning Code. An illegal nonconformity is not eligible for any of the protections provided by this Article.

5. Nonconforming Parcel. A parcel legally created before the effective date of this Zoning Code, or subsequent amendment, which does not currently comply with the minimum area, depth, width, or other requirements of this Zoning Code.

6. Nonconforming Sign. A sign legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not currently comply with the sign regulations of this Zoning Code.

7. Nonconforming Structure. A structure legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not currently conform to the requirements of the zone in which it is located.

8. Nonconforming Use. A use of land and/or a structure legally existing before the effective date of this Zoning Code, or subsequent amendment, but which is no longer allowed in the zone in which it is located.

The property owner has the burden to prove a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this Article.

• A. Property Owner’s Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject use or structure is a legal nonconformity.

• B. City is Not Responsible. The City is not responsible to prove the legal status of the nonconformity.

• C. Director’s Determination.

  1. The process begins with the property owner submitting sufficient written evidence to the Director demonstrating that the nonconformity is legal and subject to the protected status specified in this Article.

  2. The Director may decide the matter favorably based on the documentation provided. In the alternative, the Director shall conduct an administrative hearing and provide notice of the hearing to the property owner in compliance with Chapter 18.146 (Public Notices and Hearings).

  3. If an administrative hearing is conducted, the property owner shall have the opportunity to appear and provide oral testimony and present evidence on the legality of the nonconformity.

  4. The Director shall consider the testimony and evidence and make a determination as to the legality of the nonconformity and the available protections provided by this Article.

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5. The Director’s determination of legal nonconformity shall be appealable as specified in Chapter 18.144 (Appeals).

• A. Existing Structures. Notwithstanding any other provision in this Zoning Code, the lawful use of structures existing prior to the Effective Date of this Zoning Code may continue and none of the other Articles of this Zoning Code shall apply, as though the prior zoning of the parcel remained in place, until use of the existing structure (including any expansions) has been discontinued in its entirety, at which time the prior zoning shall become inapplicable and the other sections of this Zoning Code shall apply from that point forward.

• B. Allowed Uses. For parcels with legal uses of structures existing prior to the Effective Date of this Zoning Code, allowed uses of the prior zone are allowed to continue, and none of the other Articles of this Zoning Code shall apply to the structure and use, until the existing use (including any expansions) has been discontinued in its entirety.

• C. Conditional Uses. For parcels with legal uses of structures existing prior to the Effective Date of this Zoning Code that were conditionally permitted uses under a prior version of the Zoning Code, such uses are allowed to continue, and none of the other Articles of this Zoning Code shall apply, provided that such uses continue to comply with all conditions that were imposed at the time the original use was approved, and until the existing uses (including any expansions) have been discontinued in their entirety.

• D. Development Standards. For parcels with legal uses of structures existing prior to the Effective Date of this Zoning Code, development standards of the prior zone shall apply, and none of the other Articles of this Zoning Code shall apply, until the existing use (including any expansions) has been discontinued in its entirety.

A nonconformity (i.e., parcel, sign, structure, or use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume, except as otherwise provided in this Article. A nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (i.e., bearing wall, column, beam, girder, rafter, joist and the like), except as required for health and safety as determined by the Building Official and in compliance with Section 18.92.050 (Repair and Alteration of Nonconforming Structures), below.

A nonconforming use or structure may be modified or expanded, but only as listed below, subject to the provisions of Section 18.90.060 (Nonconforming Minor Use Permit Procedures):

• A. Structural Modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this Zoning Code. However, these modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.

• B. Expansion of Use. Expansion or modification of a nonconforming use is allowed in compliance with Section 18.90.060 (Nonconforming Minor Use Permit Procedures), below.

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• A. Purpose. The purpose of the Nonconforming Minor Use Permit is to allow individual review of requests to expand or modify nonconforming uses, structures, and structures on nonconforming parcels, in a manner that ensures compatibility with surrounding areas and land uses.

• B. Applicability. A Nonconforming Minor Use Permit is required for the expansion or modification of existing nonconforming uses, structures, or structures on nonconforming parcels beyond the maintenance provisions of Section 18.90.040 (Customary Maintenance and Repair) and the expansion provisions of Section 18.92.040 (Allowed Improvements and Expansions of Nonconforming Structures).

• C. Review Procedures. An application shall be submitted on the most up-to-date forms provided by the Department, along with required materials and any application fee as established by the City’s Fee Schedule. Review procedures for Minor Use Permits for nonconforming uses and structures shall be as specified in Chapter 18.114 (Conditional and Minor Use Permits)

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Article 5 – Nonconformities