A.
Authority to Continue Any use, structure, lot, or site element that
legally existed as a nonconformity as of the effective date of this
ordinance, and any use, structure, lot, or site element that has been
made nonconforming as of the effective date of this ordinance, and
any subsequent amendments, may continue subject to the provisions
of this chapter so long as it remains otherwise legal. A use, structure,
lot, or site element that is illegal as of the effective date of this
ordinance, remains illegal.
B.
Burden on Property Owner. The burden of establishing the legality
of a nonconformity under the provisions of this ordinance is the responsibility
of the property owner of the nonconforming use, structure, lot, or
site element, or the operator of the use.
C.
Safety Regulations. All police power regulations enacted to promote
public health, safety, and welfare including, but not limited to,
all building, fire and health codes apply to nonconformities.
A.
Definition. A nonconforming use is the use of a structure or land
that at one time was an allowed use within a zoning district, but
because of subsequent amendments to the ordinance is no longer allowed.
B.
Expansion. A nonconforming use of a structure or land cannot be expanded,
extended, enlarged, or increased in intensity. Such prohibited activity
includes additions or enlargements of any structure devoted entirely
to a nonconforming use, and any expansion, extension, or relocation
of a nonconforming use to any other structure, any portion of the
floor area, or any land area currently not occupied by such nonconforming
use.
C.
Relocation. A nonconforming use of a structure or land cannot be
relocated, in whole or in part, to any other structure or location
on the same lot. The nonconforming use may only be relocated to another
structure or lot if the use conforms to all regulations of the zoning
district where it is relocated.
D.
Change of Use. A nonconforming use can only be changed to a use allowed
within the zoning district where it is located. When a nonconforming
use has been changed, in whole or in part, to an allowed use, the
whole or part that conforms cannot be changed back to a use that is
not allowed in the district. A change of use occurs when an existing
nonconforming use has been terminated and another use has commenced.
Any change in use in violation of this ordinance is deemed an abandonment
of the previously existing nonconforming use.
E.
Discontinuation or Abandonment. If a nonconforming use is discontinued
or abandoned for a continuous period of one year, the nonconforming
use is terminated. Any subsequent use or occupancy of such land or
structure must comply with all regulations of the zoning district
in which the structure or land is located. A period of discontinuance
caused by acts of god are not included in calculating the length of
discontinuance or abandonment for this section. When a nonconforming
use is offered for sale, such sale period of up to one additional
year is not included in calculating the length of discontinuance or
abandonment for this section; however, all equipment, building design,
and similar use infrastructure must be maintained in working condition
during the sale period.
F.
Damage or Destruction.
1.
In the event that any structure that is devoted in whole or
in part to a nonconforming use is structurally damaged or destroyed
through no fault of the property owner or tenant, the nonconforming
use may be re-established provided that no new nonconformities are
created and the degree of the previous nonconformity is not increased.
2.
If the structure containing the nonconforming use is a nonconforming
structure, the structure may only be rebuilt, restored, repaired,
or reconstructed in accordance with Section 17.15.030.
3.
However, if a building permit is not obtained within one year
of the date of damage or destruction, then the nonconforming use may
not be reestablished unless it conforms to all regulations of the
zoning district in which it is located, including use. This time period
to obtain a building permit may be extended based on evidence showing
good reason for the delay.
A.
Definition. A nonconforming structure is a principal or accessory
structure that at one time conformed to applicable zoning regulations,
but because of subsequent amendments to the ordinance no longer conforms
to applicable dimensional regulations.
B.
Maintenance. Normal maintenance and repair may be performed on any
nonconforming structure. No repairs or reconstruction are permitted
that would create any new nonconformity or increase the degree of
the previously existing nonconformity.
C.
Structural Alterations. Structural alterations are permitted only
in the following situations:
1.
When the alteration is required by law or is necessary to restore
the structure to a safe condition upon the order of any official charged
with protecting public safety.
2.
When the alteration will eliminate the nonconformity.
3.
When the alteration will not create any new nonconformity or
increase the degree of any existing nonconformity. For example, if
a structure is nonconforming in terms of the required front setback
(i.e., does not meet the required minimum), the structure may add
a rear addition if it meets all other dimensional regulations of the
district.
D.
Relocation. A nonconforming structure cannot be relocated, in whole
or in part, to any other location on the same lot unless such relocation
would make the structure conforming. A nonconforming structure may
be relocated to another lot if the structure conforms to all regulations
of the zoning district where it is relocated.
E.
Damage or Destruction.
1.
Nonresidential, Townhouse and Multi-Family Nonconforming Structures.
Nonresidential, townhouse, and multi-family nonconforming structures
are subject to the following:
a.
In the event that any nonresidential nonconforming structure
is damaged or destroyed by an act of god to the extent of 50% or more
of its replacement value at the time, then the structure may not be
restored or rebuilt unless the structure, including foundation, conforms
to all regulations of the zoning district in which it is located.
b.
When a nonresidential nonconforming structure is damaged or
destroyed by an act of god to the extent of less than 50% of the replacement
value at the time, it may be repaired and reconstructed provided that
no new nonconformities are created and that the existing degree of
the nonconformity is not increased. A building permit must be obtained
for such rebuilding, restoration, repair, or reconstruction within
one year of the date of damage or destruction. In the event that the
building permit is not obtained within one year, then the structure
cannot be restored unless it conforms to all regulations of the district
in which it is located. This time period to obtain a building permit
may be extended based on evidence showing good reason for the delay.
c.
The replacement value of the structure is based on: 1) assessed
value or an appraisal within the last two years or, if that is not
available; 2) the amount for which the structure was insured prior
to the date of the damage or destruction; or, 3) an alternative method
determined acceptable by the City.
2.
Nonconforming Single-Family and Two-Family Structures. If a
nonconforming single-family or two-family structure is destroyed or
damaged, regardless of the percent of damage, it may be rebuilt to
its original condition before such casualty or loss. A building permit
must be obtained for such rebuilding, restoration, repair, or reconstruction
within one year of the date of damage or destruction. In the event
that the building permit is not obtained within one year, then the
structure cannot be restored unless it conforms to all regulations
of the district in which it is located. This provision also applies
to any nonconforming single-family and two-family dwelling use in
a nonresidential district. This time period to obtain a building permit
may be extended based on evidence showing good reason for the delay.
F.
Extension of Walls for Nonconforming Single-Family and Two-family
Dwellings. Where a single-family or two-family dwelling is deemed
nonconforming because of encroachment into a required rear or interior
side setback, the structure may be enlarged or extended horizontally
or vertically along the same plane as the existing perimeter walls,
so long as the resulting structure does not violate any other district
regulation.
|
EXTENSION OF NONCONFORMING WALLS
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A.
Definition. A nonconforming lot of record is a lot of record that
at one time conformed to the lot dimension requirements of the zoning
district in which it is located, but because of subsequent amendments
to the ordinance no longer conforms to the applicable lot dimensions.
B.
Use. A nonconforming lot of record may be used for a permitted or
special use allowed within the zoning district.
C.
Development. Development of a nonconforming lot of record must meet
all applicable dimensional regulations of the district in which it
is located with the exception of that lot dimension requirement that
renders it nonconforming.
D.
Lot Division. No division of a nonconforming lot is permitted that
creates a nonconforming lot and/or renders a lot or lots remaining
nonconforming.
E.
Common Ownership Limitation. If two or more lots with contiguous
street frontage are held in common ownership that have historically
been used as a single development site, and one or more of the lots
does not meet the requirements for lot width or lot area as established
by this ordinance, the land is considered to be a single zoning lot
for the purposes of this ordinance. No portion of the lots may be
used, transferred, or conveyed if it does not meet the lot width and
lot area requirements of this ordinance. No division of the lot may
be made which leaves the remaining lot or lots with lot width or lot
area below the minimum requirements of this ordinance without approval
of a variation. No building permit may be issued for the use of any
lot or portion of a lot transferred or conveyed in violation of this
section.
F.
Building Permits. No building permit will be issued for the use of
any lot or portion of a lot, transferred or conveyed in violation
of this chapter.
A.
Definition. A nonconforming site element is a site development element,
such as landscape or lighting, that at one time conformed to the requirements
of this ordinance, but because of subsequent amendments, has been
made nonconforming.
B.
Maintenance. Normal maintenance and incidental repair to a nonconforming
site element may be performed. No repairs or reconstruction are permitted
that would create any new nonconformity or increase the degree of
the previously existing nonconformity.
C.
Required Conformance.
1.
General. All nonconforming site elements must be brought into
conformance when the following occurs:
2.
When a parking lot of 15 or more spaces does not conform to
required parking lot landscape requirements, it must be brought into
conformance when such parking lot is fully reconstructed or expanded
by an additional 50% or more spaces (viz., the total number of spaces
after expansion is 150% or more of the spaces prior to expansion).
[Amended 11-23-2021 by Ord. No. 2021-445]
a.
Resealing or re-striping of an existing parking lot, which does
not entail paving or replacement of the asphalt, concrete, or other
paving material, is not considered reconstruction.
b.
If such action would result in creating a parking area that
no longer conforms to the parking regulations of this Ordinance, such
existing parking lot is not required to install all or a portion of
the required landscape. The applicant is required to show that landscape
cannot be accommodated on the site.
c.
If only certain requirements are able to be accommodated on
the site, those elements are required. The Zoning Administrator will
make the determination that all or a portion of required landscape
does not have to be installed.
3.
Nonconforming Exterior Lighting. For exterior lighting, when
25% or more of exterior lighting fixtures are replaced, all exterior
lighting on the site must be brought into conformance. This is calculated
as installation of new lighting posts and/or non-post mounted lighting
fixtures based on the total lighting installed by the type of mounting.
For example, if over 25% of the wall-mounted fixtures are to be replaced,
all wall-mounted fixtures must be brought into conformance while nonconforming
freestanding fixtures may remain.
A.
A nonconforming permanent sign and sign structure may remain in use
so long as it remains otherwise lawful and has not been damaged or
destroyed to the extent of less than 50% of its value prior to the
damage. A nonconforming permanent sign and sign structure that is
damaged or destroyed to the extent of 50% or more of its value prior
to the damage, or if it the sign and/or sign structure has been removed,
cannot be restored or repaired unless it conforms to all applicable
regulations for the district. Sign owners must supply the Zoning Administrator
with a repair cost estimate of the damaged sign and an estimate of
the cost of a new identical sign.
B.
All temporary nonconforming signs must be removed or brought into
conformance within 30 days of the effective date of this ordinance.
C.
The sign face of an existing nonconforming permanent sign may be
replaced, but the structure cannot be altered to accommodate such
change. A change of a sign face requires a sign permit.
D.
No nonconforming sign and sign structure may be relocated, in whole
or in part, to any other location on the same or other lot, unless
the entire sign and sign structure conforms to all regulations applicable
to the lot where the sign is relocated.
E.
No nonconforming sign can be altered or enlarged in a way that increases
the nonconformity of the sign or sign structure. This does not include
normal maintenance and cleaning, or changing of the sign face.
F.
An existing electronic message sign that does not conform to the
required illumination standards of Section 17.12.060C must come into
conformance with such standards within 30 days of the effective date
of this ordinance.
