A. Provisions
of this chapter provide for the orderly termination of nonconforming
structures and uses to promote the public health, safety, and general
welfare, and to bring these structures and uses into conformity with
the goals and policies of the General Plan. It is the intent of this
chapter to prevent the expansion of nonconforming structures and uses
to the maximum extent feasible, to establish the criteria under which
they may be continued or possibly expanded, and to provide for the
correction or removal of these land use nonconformities in an equitable,
reasonable, and timely manner.
B. Nonconforming
structures and uses within the City are generally detrimental to both
orderly and complementary development, and the general welfare of
citizens and property. Furthermore, it is the intent of this chapter
that nonconforming structures and uses shall be eliminated as rapidly
as possible without infringing upon the constitutional rights of property
owners and conforming to State law.
(Prior code § 159.62.010; Ord. 782 6-20-23)
Structures which lawfully existed prior to the effective date
of this Zoning Ordinance are legal nonconforming structures and may
continue even though they fail to conform to the present requirements
of the land use district in which they are located. Legal nonconforming
structures may be maintained as follows:
A. In
order to comply with State housing law and aid in alleviation of the
housing crisis, residential units shall not be deemed legal non-conforming.
Therefore, such uses can be expanded so long as all applicable permits
and laws are met, and additions meet all current development requirements.
B. Legal
nonconforming structures which are damaged to an extent of 1/2 or
more of replacement cost immediately prior to such damage may be restored
only if made to conform to all provisions of this Zoning Ordinance.
However, any residential structure(s), including multifamily, in a
residential land use district destroyed by a catastrophe, including
fire and earthquake, may be reconstructed up to the original size,
placement, and density. However, reconstruction shall commence within
2 years after the catastrophe.
C. Necessary
repairs and desired alterations may be made to legal nonconforming
residential structures, including multifamily, located in a residential
land use district.
D. Reasonable
repairs and alterations may be made to legal nonconforming commercial,
institutional, or industrial structures, provided that no structural
alterations shall be made which would prolong the life of the supporting
members of a structure, such as bearing walls, columns, beams, or
girders. Structural elements may be modified or repaired only if the
Building Official determines that such modification or repair is immediately
necessary to protect the health and safety of the public or occupants
of the nonconforming structure, or adjacent property and the cost
does not exceed 1/2 of the replacement cost limitations, provided
that such retrofitting is strictly limited to compliance with earthquake
safety standards.
E. Changes
to interior partitions or other nonstructural improvements and repairs
may be made to a legal nonconforming commercial, institutional, or
industrial structure, provided that the cost of the desired improvement
or repair shall not exceed 1/2 of the replacement cost of the nonconforming
structure over any consecutive 5 year period.
F. The
replacement cost shall be determined by the Director.
G. Any
additional development of a parcel with a legal nonconforming structure
will require that all new structures be in conformance with this Zoning
Ordinance.
H. In
the event that the use of a nonconforming structure is discontinued
by evidence of vacancy for a period of 6 or more consecutive calendar
months, the structure shall lose its legal nonconforming status, and
shall be removed or altered to conform to the provisions of this Zoning
Ordinance. A use of a legal nonconforming structure shall be considered
discontinued when any of the following apply:
1. The intent of the owner to discontinue use of the nonconforming structure
is apparent, as determined by the Director.
2. In the event that characteristic furnishings and equipment associated
with the use have been removed and not replaced with equivalent furnishings
and equipment during this time, and where normal occupancy and/or
use has been discontinued for a period of 6 or more consecutive calendar
months.
3. Where there are no business receipts available for the 6 month period.
I. The Director shall permit a nonconforming structure to be reoccupied without complying with the building dimensional requirements (pertaining to height, setbacks and/or lot coverage) or the landscaping requirements in Chapter
17.56 where the use of the nonconforming structure has been discontinued for 6 months or more and if the Director determines that a portion of the structure or the required on-site parking must be removed in order for the structure to conform to the provisions of this Zoning Ordinance. All other requirements in the municipal code, including but not limited to this chapter, shall apply to the reoccupancy of the structure.
(Prior code § 159.62.020; Ord. 782 6-20-23)
The continuance of legal nonconforming uses are subject to the
following:
A. Change
of ownership, tenancy, or management of a nonconforming use shall
not affect its legal nonconforming status, provided that the use and
intensity of use does not change.
B. If
a nonconforming use is discontinued for a period of 6 or more consecutive
calendar months, it shall lose its legal nonconforming status, and
the continued use of the property shall be required to conform with
the provisions of this Zoning Ordinance.
C. Additional
development of any property on which a legal nonconforming use exists
shall require that all new uses conform to the provisions of this
Zoning Ordinance.
D. If
a nonconforming use is converted to a conforming use, no nonconforming
use may be resumed.
E. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsection
F of this section.
F. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to the granting of a Development Permit after a noticed public hearing as specified in Section
17.104.020, and if all the following findings are made:
1. That the nonconforming use is similar to the uses originally allowed
in the center or complex;
2. That the nonconforming use will not adversely affect or be materially
detrimental to adjoining properties; and
3. That the use of the entire center or complex has not been vacant
or discontinued for a period of 6 or more calendar months.
G. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit after a noticed public hearing as specified in Section
17.104.020, and if all of the following findings are made:
1. That such expansion or change is minimal;
2. That such expansion or change will not adversely affect or be materially
detrimental to adjoining properties;
3. That there is a need for relief of overcrowded conditions, for modernization
in order to properly operate the use, or to meet a requirement of
the Building Code; and
4. That the use is existing and has not been discontinued for a period
of 6 or more calendar months.
(Prior code § 159.62.030; Ord. 782 6-20-23)
A nonconforming lot may be developed and used in accordance
with this chapter provided all regulations of the district within
which the lot exists can be met.
(Ord. 782 6-20-23)
Legal nonconforming uses shall be discontinued within the following
specified time limits, from the effective date of this Zoning Ordinance:
A. A
nonconforming use which does not occupy a structure: 5 years.
B. The
nonconforming use of a conforming structure within any residential
land use district: 15 years.
C. The
nonconforming use of a conforming structure within any commercial/industrial
land use district: 10 years.
The above notwithstanding, the Director, after application by the use operator or structure owner, shall allow the legal nonconformity to continue, for the same period as the initial periods in subsections A through C above, so long as the Director finds that the legal nonconformity is otherwise in compliance with all applicable Federal, State and local laws, including, but not limited to, taxes are paid timely, and no code compliance issues exist, and the structure or use is otherwise in good repair and order.
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(Prior code § 159.62.040; Ord. 782 6-20-23)
When any nonconforming structure or use is no longer permitted
pursuant to the provisions of this chapter, no permit for a structure
shall thereafter be issued for further continuance, alteration, or
expansion. Any permit issued in error shall not be construed as allowing
the continuation of the nonconforming structure or use.
(Prior code § 159.62.050; Ord. 782 6-20-23)
Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of Chapter
17.96 (Enforcement of Provisions) and State law.
(Prior code § 159.62.060; Ord. 782 6-20-23)