This Chapter establishes special regulations for nonconforming
land uses and structures 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 these regulations to allow
the continuation of nonconformities under the limited conditions outlined
herein and reconstruction in the event of natural disaster.
(Ord. 1501 § 1, 2011)
A.
Legal
Nonconforming Uses. The provisions of this Chapter apply to legal
nonconforming uses in districts hereafter changed or established,
and any time limit for the suspension of a nonconforming use of land
shall date from (effective date) or any amendment of district boundaries
which first creates a nonconforming use or uses.
B.
Subdivision
of a Nonconforming Parcel. No subdivision shall be approved that would
increase the nonconformity of an existing parcel or any nonconforming
use on the parcel; existence of a legal nonconforming use or parcel
shall not be interpreted to allow the increase of the nonconformity
of such parcel or any nonconforming use on the parcel.
C.
Exemption
for Legal Building Site. A nonconforming parcel that does not comply
with the applicable area or width requirements of this Zoning Code
shall be considered a legal building site if it meets at least one
of the following criteria, as documented to the satisfaction of the
Community Development Director through evidence furnished by the applicant.
1.
Approved
Subdivision. The parcel was created by a recorded subdivision.
2.
Individual
Parcel Legally Created by Deed. The parcel is under single ownership
of record and was legally created by a recorded deed before the effective
date of the Zoning Amendment that made the parcel nonconforming.
3.
Variance
or Lot Line Adjustment. The parcel was approved through the Variance
procedure or resulted from a lot line adjustment.
4.
Partial
Government Acquisition. The parcel was created in compliance with
the provisions of this Zoning Code, but was made nonconforming when
a portion was acquired by a governmental entity so that the parcel
size is decreased not more than 20 percent and the yard facing a public
right-of-way was decreased not more than 50 percent.
D.
Exemption
for Nonconforming Lot. Any lot, the area, dimensions, or location
of which was lawful on the effective date of this title or any amendment
thereto, but which fails by reason of such adoption or amendment to
conform to the requirements of the applicable Zoning District, shall
be considered buildable for the purposes of this Title.
E.
Exemption
for Public Utilities. 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.
F.
Exemption for Parking and Loading. No use of land or structure existing at the time of the adoption of this Title shall be deemed to be nonconforming solely because of a failure to meet the requirements of Chapter 17.52 (Parking), provided that the facilities being used for off-street parking or loading at that time shall not be reduced in capacity to less than the number of spaces or berths required by Chapter 17.52 (Parking) or reduced in area to less than the minimum standards required by Chapter 17.52 (Parking).
G.
Exemption
for Commercial Districts. Any nonconforming site proposed for further
development, including expansion of use, building additions, and establishment
of new uses, shall conform to all current codes except as follows:
1.
In
commercial districts, an existing use on a nonconforming site may
be expanded, provided that the expansion does not involve the installation
of permanent improvements. The installation of any permanent improvement
will be subject to site plan and design review.
2.
In
commercial districts, a new accessory use can be established on a
nonconforming site, provided that the expansion does not involve the
installation of permanent improvements including any building additions.
(Ord. 1501 § 1, 2011)
A.
Continuation.
Except as established below, a nonconforming use may continue to operate
in perpetuity, be transferred, or be sold, provided that the use shall
not be enlarged or intensified nor be expanded to occupy a greater
area than it lawfully occupied before becoming nonconforming.
B.
Building
Permits. When any nonconforming building or use is required to be
abated pursuant to the provisions of this Chapter, no building permit
or certificate of occupancy shall thereafter be issued for further
continuance, alteration, or expansion of the nonconforming building
or use.
C.
Approved
Plans and Effective Date. Plans for any use, building, or structure
approved as of the effective date of this Chapter may be carried out
as approved.
D.
Prohibited
Use. Any person asserting the nonconforming use must present evidence
that the use existing before the enactment of the Zoning Ordinance
provision prohibited the use.
E.
Converted
to a Conforming Use. Any nonconforming use may be changed to a conforming
use, provided that all applicable permit requirements and standards
of this Title are satisfied.
(Ord. 1501 § 1, 2011)
Normal maintenance of a nonconforming structure shall be permitted
subject to Building Code requirements in effect at the time of such
maintenance work and as provided below.
A.
Repair.
Maintenance may include repair work necessary to keep the structure
in sound condition, but maintenance shall not include the replacement
of a structure.
B.
Seismic
Retrofitting and Building Code Compliance. Repairs, alterations, or
reconstruction to reinforce unreinforced masonry structures or to
comply with Building Code requirements, or where the building official
determines modifications are immediately necessary to protect the
health and safety of the public or occupants, shall be allowed, provided
that the work is exclusively to comply with applicable earthquake
safety standards and the Building Code.
C.
Structural
Alteration. Maintenance and repair may include structural alteration
of a nonconforming structure to improve safety or to reduce fire hazard.
(Ord. 1501 § 1, 2011)
A nonconforming use or structure may be modified or expanded as listed below, subject to approval of a Conditional Use Permit as listed in Section 17.10.130 (Conditional Use Permit).
A.
Structural
Modification. Addition, enlargement, extension, or relocation of a
nonconforming structure may be allowed if the changes to the structure
conform to all applicable provisions of this Zoning Ordinance. Such
modifications may not expand the extent of the nonconforming aspect
of the structure or result in any new nonconforming conditions for
the subject property.
B.
Expansion
of Use. A lot or portion thereof occupied by a nonconforming use may
be further developed by the addition of conforming uses and structures.
Said expansion may not increase the extent of the nonconforming use.
(Ord. 1501 § 1, 2011)
If no structural alterations are made, a nonconforming use of
a building shall not be changed to another nonconforming use without
the approval of the Planning Commission and then only to a use which
in the opinion of the Planning Commission is of the same or more restricted
classification.
(Ord. 1501 § 1, 2011)
A.
Ministerial
Building Permit Required. If a nonconforming structure in existence
or use maintained on the effective date of this Ordinance, which does
not conform to the regulations for the district in which it is located,
is involuntarily damaged or destroyed by fire, collapse, flood, wind,
earthquake, explosion, act of God, or act of the enemy, subsequent
to the effective date of this Title and the expense of such reconstruction
is less than or equal to 50 percent of the assessed value of the structure
at such time just prior to the damage occurring, then without further
action by the City Council, such structure and use of land may be
repaired, restored, replaced, or reconstructed and reoccupied in the
same manner in which it originally existed upon issuance of a ministerial
building permit and subject to the following terms:
B.
Conditional Use Permit Required. If the repair, restoration, replacement, or reconstruction expands from the original state of the nonconforming structure, at such time just prior to the damage occurring, issuance of a Conditional Use Permit, pursuant to the provisions set forth in Section 17.10.130 (Conditional Use Permit) is required. The Approving Authority may consider up to a maximum 10 percent expansion of the square footage from the original state of the nonconforming structure at such time just prior to the damage occurring.
(Ord. 1501 § 1, 2011)
A.
If
any nonconforming use is abandoned or discontinued for any reason
for a continuous period of six months or more, rights to nonconforming
status shall terminate. Without further action by the City, any subsequent
use of such land or structure shall be in conformity with all of the
regulations of the applicable Zoning District and all other applicable
provisions of this Title.
A determination that a use has been abandoned requires both
(1) evidence of an intention to abandon, and (2) an act or failure
to act which shows or implies that the owner does not continue to
claim or retain an interest in the nonconforming use. Evidence may
include, but is not limited to, removal of equipment, furniture, machinery,
structures, or other components of the nonconforming use, disconnected
or discontinued utilities, or no business records to document continued
operation. Maintenance of a valid business license shall in itself
not be considered a continuation of the use. The discontinuance of
a nonconforming use for a period of six months or more is in itself
prima facie evidence of abandonment.
(Ord. 1501 § 1, 2011)
