This chapter establishes regulations for legal nonconforming
land uses, structures, and parcels. These are land uses, structures,
and parcels within the City that were lawfully established, constructed,
or subdivided before the adoption or amendment of this code, but which
would be prohibited, regulated, or restricted differently under the
current terms of this code or its amendments. This chapter is intended
to encourage the City's continuing improvement by limiting the extent
to which nonconforming structures and uses may continue to be used,
expanded, or replaced, while improving the health, safety, and welfare
of all residents without creating an economic hardship for individual
property owners or business owners.
(Ord. 2097 § 3, 2013)
(A)
Applicability. Nonconforming uses, structures and lots within the
City may continue to be used, and may be maintained, altered, expanded,
reconstructed, or replaced only as allowed by this chapter.
(B)
This chapter does not apply to any nonconforming structures owned
in whole or part by the City. Nothing in this chapter is intended
to, nor can it, require the City to remove a publicly owned nonconforming
structure or use.
(C)
Legal Nonconforming Use. An existing use, structure, or lot is deemed
to be "legal nonconforming" if, prior to its establishment, such use,
structure, or lot was established or created in full conformance with
applicable regulations in effect at the time of such establishment
or creation.
(D)
Restrictions and conditions affecting nonconforming uses, structures,
and lots apply to that use, building, and structures, and are not
affected by ownership changes.
(Ord. 2097 § 3, 2013)
(A)
Unless otherwise provided by applicable law, a nonconforming residential
use occupying a structure that is damaged or destroyed by fire, earthquake,
or other calamity beyond the property owner's control may be reestablished.
(B)
Unless otherwise provided by applicable law, a nonconforming nonresidential
use occupying a structure that is damaged or destroyed by fire, earthquake,
or other calamity beyond the property owner's control may be reestablished
with a conditional use permit.
(Ord. 2097 § 3, 2013)
A nonconforming use which occupies a structure that is voluntarily
demolished or demolished because of a maintenance failure or other
neglect can be replaced only with a use that fully complies with all
applicable provisions of this code.
(Ord. 2097 § 3, 2013)
(A)
A nonconforming use cannot be altered or enlarged unless a conditional
use permit is first obtained. There cannot be an expansion of a nonconforming
use or the building that houses a nonconforming use onto an adjacent
or abutting lot or parcel of land.
(B)
A nonconforming use previously allowed by a conditional use permit
but is no longer permitted by this code within the applicable zoning
district can continue in operation, but only in compliance with all
provisions of the original conditional use permit.
(Ord. 2097 § 3, 2013; Ord. 2139 § 2, 2016)
A nonconforming nonresidential use, structure, or lot may continue to be used provided no alterations, expansions, or intensification of uses are made, except as permitted by Sections 21.30.070 through 21.30.110.
(Ord. 2097 § 3, 2013)
(A)
Enlargement or Expansion. A nonconforming use cannot be expanded
or increased to occupy a greater floor area or portion of the site
that it lawfully occupied before becoming a nonconforming use. Alterations
which do not increase or expand a nonconforming use may be approved.
(B)
Extended Hours. The hours of business for a nonconforming use may
be expanded to operate under extended business hours with a conditional
use permit.
(C)
A nonconforming use can be changed to a less intensive nonconforming
use.
(Ord. 2097 § 3, 2013; Ord. 2139 § 3, 2016)
A nonconforming use that is voluntarily discontinued or ceases
operations for a continuous period of 12 months or more cannot be
reestablished on the site. Any further use of an existing structure
onsite must be used in conformity with all applicable provisions of
this code.
(Ord. 2097 § 3, 2013)
(A)
Expansions. A nonconforming structure cannot be expanded, except
as required by law, unless such expansion results in elimination of
the nonconformity.
(B)
Maintenance, Repair, and Alterations. A nonconforming structure may
be regularly maintained and repaired. Alterations without expansion
are permitted if they improve the appearance or stability of the structure.
(C)
A building or structure which does not conform to the yard regulations
applicable to the zone in which the building or structure is located
may be structurally altered when:
(1)
The alteration causes the building or structure to conform to the
applicable yard regulations;
(2)
The alteration or expansion does not project into any required yard;
or
(3)
The alteration or expansion is an extension of that portion of the
existing building or structure that encroaches into a required yard;
however, the alteration or expansion cannot extend into the required
yard farther than the existing portion and cannot have an area greater
than 50% of the area of the existing portion within the required yard.
This allowance may only be utilized once on a property; future alterations
or expansions after the initial 50% allowance has been used on a property
may not further encroach into the required yard.
(Ord. 2097 § 3, 2013)
Except as otherwise provided by applicable law, a residential
nonconforming structure containing two or more dwelling units that
is damaged or destroyed by fire, earthquake, or other calamity beyond
the property owner's control may be reconstructed in compliance with
this code as follows:
(A)
The replacement structure contains at most the same number of dwelling
units and floor area as the damaged structure;
(B)
The replacement structure complies with all other applicable provisions
of this code to the maximum extent feasible;
(C)
Reconstruction or rebuilding of the structure will not be detrimental
or injurious to the health, safety, or general welfare of the persons
residing or working in the neighborhood, and will not be detrimental
or injurious to the property and improvements in the neighborhood;
and
(D)
A complete application for reconstruction is submitted within 12
months of the date of the damage, and reconstruction is commenced
within 180 days of land use permit approval.
(Ord. 2097 § 3, 2013)
Except as otherwise provided by applicable law, a damaged single-family
dwelling or nonresidential structure that is damaged or destroyed
by fire, earthquake, or other calamity beyond the property owner's
control may be reconstructed in compliance with this code as follows:
(A)
Less Than Fifty percent Destruction. A structure with less than 50%
or more of the total length of its original exterior walls remaining
in place after the damaging event, requiring no replacement, may be
reconstructed provided that:
(1)
The reconstructed structure occupies the same footprint or decreases
the nonconformity of the structure, and is of no greater height than
the original structure; and
(2)
A complete application for reconstruction is submitted within 12
months of the date of the damage, and reconstruction is commenced
within 180 days of land use permit approval.
(B)
More Than Fifty percent Destruction. A structure that is damaged
so that more than 50% of the total length of its original exterior
walls must be replaced may be reconstructed provided that:
(C)
Replacement After Demolition. A nonconforming structure that is completely
destroyed can be replaced only with a structure that complies with
all applicable provisions of this code.
(Ord. 2097 § 3, 2013)
Nonconforming fences and walls cannot be expanded or altered
unless they are altered to conform with this code.
(Ord. 2097 § 3, 2013)
Based on substantial evidence, the Planning Commission can find
that a national, State, or local designated historic use or structure
is nonconforming and exempt from this chapter.
(Ord. 2097 § 3, 2013)
(A)
Allowed Use of a Nonconforming Parcel. A parcel that does not comply
with the applicable requirements of this code for minimum lot area,
dimensions, or access, is considered to be a legal building site for
the purposes of development or the establishment of a new land use
only if the parcel was previously a legal lot of record.
(B)
Development and Use Standards. Any proposed development or use of
a nonconforming parcel must comply with all applicable requirements
of this code.
(C)
Further Division Prohibited. A nonconforming parcel cannot be further
subdivided. Its boundaries may be changed through a lot line adjustment
only if the extent of the nonconformity remains unchanged or is reduced.
(D)
This section shall supersede any prior code provisions, regulations,
specific plans, or precise plans to the contrary.
(Ord. 2097 § 3, 2013)
(A)
Generally. Nonconforming uses, buildings or structures are subject
to abatement and termination of usage, in the manner described in
this section.
(B)
Applicability. Whenever any of the following facts are found by the
City Planner to exist in reference to a nonconforming use, building
or structure, the same is automatically deemed abated and any such
use must be terminated, except as expressly provided in this chapter.
(1)
Violation of any applicable law;
(2)
A change from a nonconforming use to another nonconforming use;
(3)
An increase or expansion of the area, space or volume of the building,
structure, or land occupied by, or devoted to a nonconforming use,
except as otherwise permitted by this chapter;
(4)
Abandonment of a nonconforming use pursuant to Section 21.30.080 subsection (A) of this section are found to exist by the City Planner, the City Planner must give notice of the abatement to the owner setting out the facts supporting such abatement and making an order as necessary to cause the building or use to become immediately conforming. For purposes of this chapter, an owner means the owner, as shown on the last equalized assessment rolls, and the occupant of the building. The order is final and conclusive, and must be complied with, within 30 days after the mailing, in the absence of an appeal, as provided in subsection (C) of this section.
(C)
Public Hearing. An appeal may be filed with the secretary of the Planning Commission within 30 days after the mailing of such order by the City Planner. Any person who is the owner or has possession of the property to which such order relates may file an appeal on an application form provided by the City Planner. Each such appeal application must be accompanied by a filing and processing fee in the amount set by resolution of the City Council. Upon receipt of an appeal, the Planning Commission will conduct a public hearing thereon. Notice thereof must be given in the manner prescribed in Section 21.32.070. At the time and place set for the hearing, the Planning Commission must give the appellant a reasonable opportunity to be heard. In making its determination, the Planning Commission shall consider the date the buildings or structures were constructed or use commenced; the original cost thereof; whether such cost has been, or could have been, recovered by the owner under generally accepted accounting practices; and whether it is feasible to relocate such buildings or structures. Based upon such evidence, the Planning Commission will determine whether such nonconforming use, structure, or building should be abated. The Planning Commission may also, at its discretion, grant an extension of time for the abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner. The Planning Commission's decision shall be final and conclusive in the absence of an appeal to the City Council in the time and manner set forth Chapter 21.32.
(Ord. 2097 § 3, 2013)
If removal of a nonconforming use, structure, or building is
not performed by the date specified in the order issued by the City
Planner, Planning Commission, or City Council, as the case may be,
the City may remove the nonconforming use, structure or building and
charge the property owner or record a lien on the subject property
for the cost of the removal.
(Ord. 2097 § 3, 2013)
The foregoing provisions of this chapter concerning the required
removal of nonconforming buildings and structures and uses, and the
reconstruction of nonconforming buildings and structures partially
destroyed, shall not apply to public utility buildings and structures
when such buildings and structures pertain directly to the rendering
of the service or distribution of a utility, such as steam electric-generating
stations, electrical distribution and transmission substations, communications
equipment buildings, water wells and pumps, gas storage, metering
and valve control stations; nor shall any provision of this chapter
be construed or applied so as to prevent the expansion, modernization
or replacement of such public utility buildings, structures, equipment
and facilities, as are used directly for the delivery of or distribution
of the service, provided that buildings, structures or uses not immediately
related to the direct service to consumers, such as warehouses and
storage yards are not exempt.
(Ord. 2097 § 3, 2013)
