(a)
Purpose.
Because there are locations within the city
where development has existed for generations, the application of
new regulations to existing development will create situations in
which existing lot dimensions, land uses, building, structures, and
signs do not strictly comply with the new ordinance, even though they
complied with the regulations at the time they were permitted and
constructed. The fact that these nonconformities were at one time
conforming means that they are now considered “legally nonconforming”
and therefore will be permitted to continue without immediate retrofit
or removal until significant site or land use changes are proposed.
This article sets out equitable rules for whether, when, and how the
regulations of this chapter apply to existing development.
(Ordinance 19-3690 adopted 4/23/19)
(a)
No enlargement of nonconformity.
There shall be no enlargement
or extension of any type of nonconformity. This shall apply to all
nonconforming uses, buildings, structures, lots, and signs.
(b)
Repair, maintenance, and restoration.
Any and all necessary repairs and maintenance work on any building or structure which is nonconforming or building or structure housing a nonconforming use is permitted provided that the repairs and construction work completed on said building comply with article 3.03, Buildings, of the city code.
(c)
Abandonment of premises.
When a nonconforming use of
a structure, or structure and premises in combination, is abandoned
for six consecutive months or for 18 months during any three-year
period, the structure, or structure and premises in combination, shall
not thereafter be used except in conformance with the current regulations
of the district and this chapter.
(Ordinance 19-3690 adopted 4/23/19)
(a)
No movement on lot.
A nonconforming use shall not be
moved in whole or in part to any other portion of the lot occupied
by such use at the effective date of adoption of this chapter.
(b)
Cessation of use.
If any nonconforming use of land ceases
for any reason for a period of more than 60 days, any subsequent use
of such land shall conform to the regulations specified by this chapter
for the district in which such land is located.
(c)
Transfer of ownership.
Change in ownership does not
affect the new owner’s ability to continue a nonconforming use
provided that he or she is in compliance with this article.
(Ordinance 19-3690 adopted 4/23/19)
(a)
Generally.
Where a lawful structure exists at the effective
date of adoption of this chapter that could not be built under the
terms of this chapter by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(1)
Increase in nonconformity prohibited.
No such structure
may be enlarged or altered in any way which increases its nonconformity.
(2)
Movement of structure.
Should any on-site structure
be moved for any reason for any distance whatever, it shall thereafter
conform to the regulations for the district in which it is located
after it is moved.
(3)
Minimum floor area.
A residential dwelling unit having
a lesser floor area at the time of the passage of this chapter than
the minimum floor area required for the district in which it is located
shall not be construed to be nonconforming.
(b)
Effect of fire or natural destruction.
(1)
Complete destruction.
A nonconforming use shall not
be extended or rebuilt in case of obsolescence or total destruction
by fire or other causes.
(2)
Partial destruction.
(A)
Less than 50 percent destruction.
In the case
of partial destruction by fire or other causes not exceeding 50 percent
of its value, the administrator shall issue a permit for reconstruction
if a permit is requested by the landowner.
(B)
Greater than 50 percent destruction.
If the destruction
of the nonconforming building or structure is greater than 50 percent
of its value, it shall be removed and any replacement shall be a conforming
structure.
(Ordinance 19-3690 adopted 4/23/19)
(a)
Generally.
A lot shall be deemed to be nonconforming
if the lot does not meet any lot requirement that is not zoning district
specific (see table 14.05.002, Rural and Residential Development
Standards, and table 14.05.003, Nonresidential and
Mixed Use Standards).
(b)
Lots not in compliance with zoning specific regulations.
A legal lot that does not meet the minimum district requirements of either section 14.05.002, Standards for Residential Development, or section 14.05.003, Standards for Nonresidential and
Mixed Use Development, with respect to minimum lot area or
minimum lot width may have a primary structure built upon it if:
(1)
The use is permitted in the zoning district in which the lot is located;
(2)
The lot has sufficient frontage on a public street to provide access
that is appropriate for the proposed use; and
(3)
The proposed development will comply with all other applicable development
standards of this chapter.
(Ordinance 19-3690 adopted 4/23/19)
(a)
Generally.
Any permanent sign or billboard that does not conform to the provisions of article 14.08, Signs, is a “legally nonconforming” sign or billboard, provided that the sign or billboard was:
(b)
Standards.
(1)
Sign damage.
A nonconforming sign or billboard damaged by fire, wind, age, obsolescence, or other cause in excess of 50 percent of its replacement cost shall be considered to have been destroyed and may not be restored except in conformance with article 14.08, Signs.
(2)
Removal of signs and billboards other than for reasons of repair
or maintenance.
(A)
Generally.
If a nonconforming sign is removed for any reason other than routine repair or maintenance, it shall, thereafter, conform to article 14.08, Signs.
(B)
One-time exemption.
A billboard may be replaced or upgraded one time subsequent to the effective date of this chapter without being required to come into full compliance with this chapter. Prior to completion of the upgrade an applicant must file and receive approval for the one-time upgrade via section 14.12.005, Sign
Permits.
(Ordinance 19-3690 adopted 4/23/19)
(a)
Generally.
Many nonconforming uses have existed for
a period of time, and some may have only recently become nonconforming.
In some instances, a nonconforming use is an integral part of the
neighborhood’s character and function. One of the purposes of
zoning regulations is to protect neighborhoods. Therefore, if the
community is comfortable with a particular use, the classification “nonconformity”
and restriction on investment may not be what the community desires.
Under such conditions, the use may be mitigated and made conforming
to remove the stigma associated with the designation as a “nonconformity.”
The provisions of this section establish procedures for bringing nonconformities
into conformance.
(b)
Procedure.
An owner of a nonconforming use may apply
for a special use permit which has the effect of making the nonconforming
use conforming.
(c)
Criteria for approval.
A nonconformity shall be approved as a conformity, if, in addition to the criteria for approval of a special use permit (see section 14.13.004), the following is demonstrated:
(1)
Minimal nonconformity.
The use, as conducted and managed,
has been integrated into the neighborhood’s function. Evaluation
criteria include:
(A)
The neighborhood residents regularly patronize or are employed at
said use (for nonresidential uses).
(B)
Management practices eliminate nuisances such as noise, light, waste
materials, congested on-street parking, or similar conflicts. A history
of complaints is justification for denying a special use permit request
unless the conditions of the permit will eliminate the nuisances.
(C)
The use has been maintained in good condition or its classification
as a nonconformity represents a disincentive for such maintenance.
(2)
Conditional approval.
Conditions may be imposed relative
to the expansion of bufferyards, landscaping, or other site design
provisions, or other limitations necessary to ensure that, as a conforming
use, the use will not become a nuisance. Such conditions may relate
to the lot, buildings, structures, or the operation of the use.
(e)
Post-approval letter.
Should the application be granted
conforming status, the applicant shall be provided with a letter in
writing confirming the board’s decision.
(Ordinance 19-3690 adopted 4/23/19)
