This chapter provides regulations for nonconforming land uses,
structures, and parcels that were lawful before the adoption, or amendment
of this Zoning Code, but which would be prohibited, regulated, or
restricted differently under the current terms of this zoning code
or future amendments. It is the intent of this Zoning Code to discourage
the long-term continuance of nonconformities, and provide for their
eventual elimination, while allowing them to exist under the limited
conditions outlined in this chapter.
(Ord. 2014-01 § 1)
The regulations set forth in Sections 19.38.020 through 19.38.140 shall apply to all nonconforming buildings and structures, or parts thereof, and uses existing at the effective date of the ordinance codified in this title.
(Ord. 2014-01 § 1)
Any nonconforming building or structure may be continued and
maintained, provided there is no physical change other than necessary
maintenance and repair in such building or structure, except as permitted
in other sections of this title.
(Ord. 2014-01 § 1)
Any nonconforming use may be maintained and continued, provided
there is no increase or enlargement of the area, space or volume occupied
or devoted to such nonconforming use, except as otherwise provided
in this title.
(Ord. 2014-01 § 1)
Any part of a building, structure or land occupied by a nonconforming
use which is changed to or replaced by a use conforming to the provisions
of this title shall not thereafter be used or occupied by a nonconforming
use.
(Ord. 2014-01 § 1)
Any part of a building, structure or land occupied by a nonconforming
use, while use is abandoned, shall not again be used or occupied by
such a nonconforming use. Any part of a building, structure or land
occupied by such a nonconforming use, which use is discontinued for
a period of one year or more, shall not again be used or occupied
for a nonconforming use.
(Ord. 2014-01 § 1)
If no structural alterations are made, a nonconforming use of
a building may be changed to another nonconforming use of a more restrictive
classification.
(Ord. 2014-01 § 1)
Every nonconforming use of land (where no main building is involved)
existing at the time this title becomes effective shall be discontinued
within one year from the effective date of the ordinance codified
in this title or within one year from any amendments to this title
that cause a land use to be nonconforming.
(Ord. 2014-01 § 1)
The City's policy for nonconforming signs, billboards, and other such structures shall be as defined in Chapter 19.92 (Signs).
(Ord. 2014-01 § 1)
The provisions of Sections 19.38.010 through 19.38.090 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title; provided, that where a period of years is specified in Sections 19.38.010 through 19.38.090 for the removal of nonconforming buildings, structures or uses, said period shall be computed from the date of such reclassification or change.
(Ord. 2014-01 § 1)
The provisions of this chapter shall not apply so as to prevent
the modernization or replacement of public utility buildings, structures,
equipment, and facilities where there is no change of use or increase
in area of property so used.
(Ord. 2014-01 § 1)
Any building or structure for which a Building Permit has been
issued prior to the effective date of the ordinance codified in this
title may be completed and used in accordance with the plans, specifications
and permits on which said Building Permit was granted, if construction
is commenced within 60 days after the issuance of said permit and
diligently prosecuted to completion.
(Ord. 2014-01 § 1)
If a nonconforming building or structure is damaged by fires,
collapse, explosion, or acts of God, subsequent to the effective date
of the ordinance codified in this title, such building or structure
may be reconstructed under the following terms: (1) all such reconstruction
shall be performed under one Building Permit; (2) all such reconstruction
shall be initiated within a period of one year from date of damage;
and (3) all such reconstruction shall be diligently pursued to completion.
A.
If
the expense of such reconstruction is less than or equal to 60% of
the assessed value of the building or structure at such time just
prior to the damage occurring, the building or structure may be reconstructed
upon issuance of a ministerial Building Permit, or be rebuilt as a
matter of right.
B.
If
the expense of such reconstruction is more than 60% of the assessed
value of the building or structure at such time just prior to the
damage occurring, the building or structure may only be reconstructed
to its former nonconforming development pattern upon issuance of a
conditional use permit from the designated approving authority. Otherwise,
reconstruction must comply with current development standards.
(Ord. 2014-01 § 1)
The provisions of this title shall apply to uses which become
nonconforming by reason of any amendment to this title, as of the
effective date of such amendment.
(Ord. 2014-01 § 1)
