(a) In any district, a nonconforming, nonresidential use occupying a site having facilities thereon valued at less than one thousand dollars, shall be terminated within five years from the effective date of this section, or within five years from the date such use becomes nonconforming, whichever date is later, and within such time the improvements shall either be removed, or converted or modified to accommodate a conforming use.
(b) In any district, a nonconforming, nonresidential use of a site not subject to subsection (a) of this section shall be terminated in accord with the following provisions and schedules:
(1) When occupying or using facilities designed and built for residential use, the nonconforming use shall be terminated within ten years from July 20, 1978, or within ten years from the date such use becomes nonconforming, whichever date is later, and within such time the improvements shall either be removed, or converted or modified to accommodate a conforming use.
(2) When occupying or using facilities designed or built for nonresidential use, the nonconforming use shall be terminated, and the facilities shall be converted or modified to accommodate a conforming use, or shall be removed at or before the time limit prescribed in subdivision (3) of this subsection; provided, however, that unless a site-specific amortization study is prepared, no such termination, removal, or conversion shall be required within fifteen years from July 30, 1978, or within fifteen years from the date such use became nonconforming, whichever date is later; provided, however, that uses which were made non-conforming as a result of the 1974 Fire Zone 1 Study, by Ordinance No. 2777, adopted March 25, 1974, shall terminate on November 23, 1990; and provided, further, that any use made nonconforming by said Ordinance No. 2777, the primary purpose of which is to prepare and deliver food to senior citizens, shut-ins and others with limited mobility may remain and shall not be subject to termination pursuant to this section. Such uses shall be permitted to remodel, improve or replace site improvements in accordance with applicable site development regulations, provided that any such remodeling, improvement or replacement shall not result in any increased floor area.
Notwithstanding the dates of termination of uses required by this subsection (b)(2), the required termination dates of the following uses shall be as hereinafter set forth:
(A) The nonconforming use(s) of the property at 440-460 Page Mill Road for nonprofit orthomolecular and molecular medical research functions shall terminate on or before July 20, 1998.
(B) The nonconforming use of the property at 464 Colorado Avenue for a dance studio and associated parking shall terminate on or before July 20, 2003.
(C) The nonconforming use of the property at 440 Pepper Street for an art studio specializing exclusively in the medium of monotype printmaking and associated instructional uses shall terminate on or before July 20, 2018. Nothing in this ordinance shall be construed to create a vested right for the nonconforming uses to remain after July 20, 2003.
(D) The nonconforming use of the property at 4277 Miranda for a gero-psychiatric skilled nursing facility shall terminate on or before January 20, 1994.
(E) The nonconforming uses of the property at 3200 Park Boulevard/340 Portage Avenue/Olive Avenue for retail, research and development, warehouse, and storage uses are permitted in approximately the same ratio of uses existing as of October 16, 2006, subject to the following limitations: (1) retail uses shall not exceed 60,000 square feet, and (2) truck deliveries and other noisy outdoor activities shall be limited to the hours of 8:00 a.m. to 9:00 p.m. weekdays and 9:00 a.m. to 9:00 p.m. weekends.
(F) The nonconforming use of the property at 2011 El Camino Real for tire sales and installation shall terminate on or before April 26, 2009.
Such uses shall be permitted to remodel, improve or replace site improvements in accordance with applicable site development regulations, provided that any such remodeling, improvement or replacement shall not result in any increased floor area or increase in intensity of the use, nor any loss of parking.
(G) (i) The non-conforming hazardous materials uses located within the plating shop in Building 2 and the associated chemical storage area at 811 Hansen Way shall terminate or be relocated greater than 300 feet from sensitive receptors and residentially zoned parcels on or before December 31, 2026. The non-conforming hazardous materials uses located within Buildings 1A and 1B at 607 Hansen Way shall terminate or be relocated greater than 300 feet from sensitive receptors and residentially zoned parcels on or before December 31, 2052.
(ii) As an incentive for the owner of the facilities at 811 Hansen Way to pursue new technologies and terminate the non-conforming hazardous materials uses in the plating shop in Building 2 and the associated chemical storage area rather than relocating them on site to a location greater than 300 feet from sensitive receptors and residentially zoned parcels, the owners may elect in writing, no later than December 31, 2021, to terminate the non-conforming hazardous materials uses in the plating shop in Building 2 and the associated chemical storage area rather than relocating them on the site. The election shall be irrevocable. If the owner makes the election above, the termination date shall be extended to and the termination shall occur no later than December 31, 2031. The City may enforce the termination of the uses effective December 31, 2031 by injunctive relief or other lawful means. This subsection 18.70.070(b)(2)(G)(ii) is contingent on the City and the owner entering into a binding implementation agreement no later than the effective date of this section.
(3) The following schedule shall govern the period of time for termination of nonconforming uses specified in subdivision (2) of this subsection unless a site-specific amortization study is prepared:
Type of Construction Defined by Building Code
| Age of Structure Computed From Date of Construction
|
Type I – Totally noncombustible
| 35 years
|
Type II – Fire resistive
| 35 years
|
Type III – Noncombustible exterior, combustible interior
| 30 years
|
Type IV – Heavy timber
| 30 years
|
Type II – Nonrated
| 25 years
|
Type V – Wood frame
| 20 years
|
(4) Nothing contained in this subsection shall extend or otherwise modify any termination date provided by any previously existing ordinance for any use which became nonconforming under such ordinance prior to the effective date of this section. Such termination dates for such previously existing nonconforming uses are incorporated in this section and shall remain in effect.
(c) The director of planning and development services shall determine those properties the use of which were lawfully existing uses permitted or conditionally permitted, in the districts in which they were located immediately prior to July 20, 1978, and which uses were rendered nonconforming by reason of the adoption of this title on July 20, 1978, and those properties which, prior to July 20, 1978, were located in an R-1 district which was imposed by reason of annexation of the property to the city without benefit of prezoning, the uses of which were lawfully existing uses permitted or conditionally permitted operating subject to a conditional use permit prior to the date of annexation. Written notice of such nonconformance shall be mailed to the owner of record of each such property and to the occupant of the property. Within two years of the date of mailing of such notice, any owner of such property, lessee of such property with the written consent of owners, or purchaser of such property when acting pursuant to a contract of sale in writing duly executed and acknowledged by both the buyer and the owner of record, may apply to have such property excepted from the termination provisions of this section. Said application may be made to the director of planning and development services in such form as may be prescribed by the director of planning and development services. Said application shall include, but not be limited to, a statement of the location and size of the property, the nature of its use on July 20, 1978, a statement of reasons establishing that the use is compatible with and will not be detrimental to the uses designated in the Comprehensive Plan for the surrounding area and properties, a map of the subject property indicating the location of all parcels of real property within a distance of three hundred feet from the exterior boundary of the subject property, a list as shown in the last equalized assessment roll, of the name and address of the owner of record of each such parcel, and such other information as may be required by the director of planning and development services.
(1) Such application shall be accompanied by such fee as is prescribed in the municipal fee schedule.
(2) Upon receipt of such application, the director of planning and development services shall so inform the chairperson of the planning commission who shall set a date for a public hearing on the application which shall be held within a reasonable time from the date of filing of the application. Notice of the hearing shall be given by publication once in a local newspaper at least twelve days prior to the hearing and by mail to owners and occupants of real property within 300 feet of the subject property.
(3) Upon the date set for hearing, the planning commission shall conduct a public hearing thereon, unless, for cause, the commission shall on that date continue the matter. Upon conclusion of the hearing, the commission shall determine whether the use of the property on July 20, 1978, is compatible and not detrimental to the land uses designated in the Comprehensive Plan for the surrounding areas of properties. In the event the commission so finds, it shall recommend to the city council that the use shall be exempted from the termination provisions of this section. The commission may recommend such conditions as it may find necessary to insure compatibility including, but not limited to, required improvement of or modifications to existing improvements on the property, limitations on hours of operation, limitation on the nature of operations, and a specified term of years for which the exception shall be granted.
(4) Upon receipt of the recommendation of the planning commission, the city council shall consider the application within a reasonable time. The council may, at its option, conduct a public hearing on the matter.
In the event the council finds the use of the subject property to be compatible with and not detrimental to those land uses designated in the Comprehensive Plan for the surrounding area and properties, it shall, by motion, except said use from the termination provisions of this section. In granting such exception, the council may include such conditions as are deemed necessary to insure such compatibility, including, but not limited to, the conditions set out in subsection (c)(3) of this section.
(5) Any use which is excepted from the termination provisions of this section, and which is changed pursuant to Section 18.70.030 shall be subject to the termination provisions of this section as though no exception had been granted.
(6) Any use excepted from the termination provisions of this section shall be permitted to remodel, improve, or replace site improvements on the same site, without the necessity to comply with site development regulations, for continual use and occupancy by the same use; provided, that any such remodeling, improvement, or replacement shall not result in increased floor area, number of dwelling units, height, length, or any other increase in the size of the improvement.
(d) Notwithstanding the provisions of this section, any off-street parking lot which was lawfully existing and not subject to any required termination provisions of any predecessor ordinance on the effective date of this section, and which on that date was and continues to be used accessory to a lawful conforming permitted use, shall be permitted to continue in existence and use for the life of the principal use to which it is accessory, regardless of whether said parking lot and principal use are located in the same district.
(Ord. 5494 § 3, 2020: Ord. 5382 § 2, 2016: Ord. 5381 § 7, 2016: Ord. 4923 § 5, 2006: Ord. 4826 § 135, 2004: Ord. 4803 § 2, 2003: Ord. 4594 § 2, 1999: Ord. 4314 § 1, 1995: Ord. 4175 § 1, 1993: Ord. 4174 § 1, 1993: Ord. 4142 § 1, 1993: Ord. 4141 § 1, 1993: Ord. 4081 § 18, 1992: Ord. 4016 § 45, 1991: Ord. 3886 § 1, 1989: Ord. 3536 § 39, 1984: Ord. 3273 § 3, 1981: Ord. 3204 § 1, 1980: Ord. 3187 § 6, 1980: Ord. 3171 § 1, 1979: Ord. 3130 § 25(e), 1979: Ord. 3108 § 7, 1979: Ord. 3070 § 2, 1978: Ord. 3048 (part), 1978)