Extensions or reductions in the time period allowed for continuation of a nonconformity and changes or expansions of nonconformities may be considered and approved in specific instances pursuant to Section
19.132.020.
When a building or structure is relocated to another lot, it
shall be made conforming in all respects with the provisions of this
Title and all other applicable laws and regulations.
When any nonconformity is eliminated or brought into conformance
with the current regulations of this Title, the nonconforming rights
and privileges with respect to that nonconformity are terminated and
shall not be restored.
Notwithstanding any other provision of this chapter, when a
nonconformity exists incidental to a nonconforming use, the nonconformity
may continue until the time specified for the termination of the nonconforming
use, provided such nonconformity is brought into compliance with the
regulations which would be applicable to the use if it were located
in the most restrictive zone which automatically permits such use.
Any lawfully created lot which becomes non-conforming as to
lot area, street frontage, lot width, lot depth or accessibility may
continue indefinitely with such nonconformity and may be developed
and used as if it were a conforming lot, except that any property
located within the RM-10 zone shall be fully conforming as to lot
area and lot width to be developed with multi-family dwellings. This
section shall not be construed as authorizing the establishment of
a use for which special site requirements exist differing from the
basic requirements of the zone in which located unless the site meets
such special requirements at the time such use is established.
Table 19.204.100
THE LIMITS FOR STRUCTURES OF NONCONFORMING DESIGN
|
---|
Type of Construction
|
Number of Years Allowed (2)
|
---|
Building Code Classification
|
General Description (1)
|
---|
I
|
Heavy steel and/or concrete
|
50
|
II (fire resistive), III
|
Masonry and/or concrete
|
40
|
II (1 hour), II-N, IV, V
|
Light metal and/or frame
|
25
|
Notes:
|
---|
(1)
|
Building code classification shall take precedence over general
description in case of uncertainty.
|
(2)
|
Time period measured from date of construction or January 19,1954,
whichever is later.
|
(Ord. 1241 § 4, 1990; Ord. 1338 § 11, 1996)
Buildings or structures which are nonconforming as to height
or located in a manner which encroaches upon required yards or open
spaces shall be allowed to remain indefinitely with such nonconformity.
Buildings which are nonconforming as to any exterior surface
material used shall be allowed to continue indefinitely with such
nonconformity.
Any use which is nonconforming and occupies a building which is not designed for a conforming use may continue to occupy such building during the period that the building is allowed under Section
19.204.100. Any such use shall not be expanded with regard to the floor area occupied in the nonconforming building and shall not be changed to another use unless such expansion or change is authorized under the procedure set forth in Section
19.132.020.
Any nonconforming use which does not occupy or use any building or structure which would require a building permit if it were to be replaced may continue indefinitely unless a determination is made pursuant to the procedure set forth in Section
19.132.020 requiring termination of the use within a reasonable period.
A mobilehome park or recreation vehicle park which is nonconforming
as to use shall be terminated within twenty years of the date of becoming
nonconforming.
Any nonconforming animal keeping, whether a primary use or an
accessory use, shall be terminated or made conforming within three
years of the date of becoming nonconforming.
Any nonconforming use which is eligible to be considered for
a conditional use permit or other special use approval under this
Title, shall be considered to be a nonconforming use unless and until
such conditional use permit or other such special approval is granted.
When a nonconforming use has been discontinued for a period
of one hundred eighty consecutive days, all non-conforming rights
and privileges pertaining to such use shall be terminated. This section
shall not apply to any use for which a different period of discontinuance
or abandonment is specified under other provisions of this Title.
Trash areas or facilities, outdoor storage areas and outdoor display areas which are nonconforming may continue indefinitely, except that such facilities and areas shall be made fully conforming at the time of any expansion or intensification of use on the site, or, upon any review by the Zoning Administrator, Planning Commission, or City Council pursuant to Chapter
19.128, may be required at such time to comply with current city standards.
Any nonconformity with respect to required fences or landscaping
may continue indefinitely, except that fences and landscaped buffers
which are required along boundaries between zones shall be provided
at the time of any expansion or intensification of a nonresidential
use.
Nonconforming utility facilities or mechanical equipment may
continue indefinitely, except that any new or replacement facilities,
equipment or construction shall conform to the maximum extent feasible
as determined by the Director.
Notwithstanding any other provision of this chapter, any nonconformity
(such as the rotation or blinking of a sign) which can be made conforming
without requiring that a capital expenditure be made or a capital
loss incurred, shall be made conforming within one hundred twenty
days after the date of becoming nonconforming.