A. 
This chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or an amendment that changed the applicable requirements.
B. 
It is the intent of this title to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this chapter.
(Ord. 205 § 1 (Exh. A), 2003)
Nonconforming Parcel.
A parcel that was legally created prior to the adoption of this title or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this title.
Nonconforming Sign.
A sign that lawfully existed prior to the effective date of this title or amendment, but does not comply with the current sign regulations of this title.
Nonconforming Structure.
A structure that was legally constructed prior to the adoption or amendment of this title, but does not comply with the current setback, height limit, off-street parking, and/or other applicable requirements of this title.
Nonconforming Use.
A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this title or amendment, but does not conform to the current title requirements for allowable land uses within the applicable zoning district.
(Ord. 205 § 1 (Exh. A), 2003)
A nonconforming land use and the use of a nonconforming structure may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this section. See Section 13.72.040 for exceptions regarding certain residential uses and structures.
A. 
Nonconforming Use of Land.
1. 
General Rule. A nonconforming use of land may be continued, provided that the use shall not be enlarged or increased, nor be extended to occupy a greater area of land than it lawfully occupied before becoming nonconforming. Exception: see Section 13.72.040 regarding single-family dwellings.
2. 
Nonconforming Use in a Conforming Structure. A nonconforming land use within a conforming structure may be expanded or replaced with minor use permit approval, as follows:
a. 
Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the structure; and
b. 
Substitution of Use. The nonconforming use of a structure may be changed to another nonconforming use of the same or more restricted nature; except that if a nonconforming use is changed to a conforming use, no nonconforming use may be resumed thereafter.
3. 
Nonconforming Use in a Structure Previously Permitted. Notwithstanding any other provision of this zoning ordinance, a previous use allowed under a use permit in a structure in the ILT district may be expanded or replaced with a use that would otherwise be disallowed, where the planning director finds that the proposed use is compatible with surrounding uses and will not create any nuisances (e.g. unacceptable noise, vibration, glare, fire and explosion hazards, radio or electrical disturbances, air pollution or odors, liquid and solid wastes or other factors) which will detrimentally affect the land in the vicinity of the proposed use or the physical environment of the town, with a zoning clearance approval under the pre-existing use permit. The planning director may impose reasonable conditions concerning hours of operation and other conditions of operation as part of this process.
B. 
Nonconforming Structure. A nonconforming structure may continue to be used as follows:
1. 
Changes to, or Expansion of a Structure. A nonconforming structure may be changed or expanded, as follows.
a. 
Nonresidential or Multifamily Structure. A nonconforming structure may be enlarged, extended, reconstructed, or relocated, with minor use permit approval, if the changes comply with all applicable provisions of this title, provided that the review authority first finds that the additional work will not prolong the duration of the nonconforming structure.
b. 
Single-Family Dwelling. A dwelling that does not comply with the current setback requirements or height limits of the applicable zoning district may be enlarged, provided that no addition extends further into the required setbacks or above the height limit than any portion of the existing structure.
2. 
Nonconforming Parking. See Section 13.36.040(F).
3. 
Maintenance and Repair. A nonconforming single-family dwelling may be maintained and repaired at the discretion of the owner. A multifamily or nonresidential structure may be maintained and repaired, provided that:
a. 
No structural alterations occur other than those allowed by subsection (B)(4); and
b. 
The cost of the work done during any twelve-month period does not exceed twenty-five percent of the value of the structure as determined by the building official in compliance with the building code.
Additional or more extensive changes to a nonconforming multifamily or nonresidential structure may be authorized through minor use permit approval, provided that the review authority first finds that the additional work will not prolong the duration of the nonconforming structure.
4. 
Seismic Retrofitting and Building Code Compliance. Repairs, alterations or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the building code.
(Ord. 205 § 1 (Exh. A), 2003; Ord. 211 § 7, 2004)
A. 
Dwellings, Generally. An involuntarily damaged or destroyed single-or multifamily dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current building and fire code requirements.
B. 
Single-Family Dwellings in Commercial Zones. A single-family dwelling that is a nonconforming use in a commercial zoning district may be expanded the extent to which the expanded area complies with all applicable standards of the applicable zoning district.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Termination by Discontinuance.
1. 
If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of twelve months or more, all rights to legal nonconforming status shall terminate.
2. 
The director shall base a determination of discontinuance on evidence including the 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.
3. 
Any further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this title.
B. 
Termination by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by Section 13.72.040 for dwellings, and except as follows.
1. 
If the cost of repairing or replacing the damaged portion of the structure is fifty percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within one year of the date of damage and is diligently pursued to completion.
2. 
Minor use permit approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than fifty percent of the assessed value of the structure immediately before damage. Minor use permit approval shall require a finding, in addition to those contained in Section 13.62.050(F), that the benefit to the public health, safety or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity.
C. 
Required Termination. The council finds and determines that the nonconforming uses addressed by this subsection are contrary to the orderly development of the town of Loomis, and have the potential to adversely affect public health, safety, and welfare, and shall, therefore, be discontinued, or brought into conformity with all applicable provisions of this title within the amortization period specified by this section.
1. 
Amortization Schedule and Effect of Termination Requirement.
a. 
A land use listed in Section 13.28.030, Table 2-9, under the heading "Industry, Manufacturing and Processing, Wholesaling," that exists on property designated in the CO, CG, CC, or CT zoning districts established by Section 13.20.020, and is not otherwise identified by Section 13.26.030, Table 2-6, as allowable within those zoning districts, shall be discontinued or brought into conformity with all applicable provisions of this title within an amortization period of twenty years from the date of the service of notice by the city in compliance with subsection (C)(2).
b. 
An owner of property that is in receipt of an official town notice regarding the property's nonconformity before the effective date of this title shall conform with the standards for abatement in effect at the time of original notice.
c. 
A use that does not comply with this subsection shall be deemed a public nuisance and shall be abated accordingly, unless an exception/extension is granted by the council in compliance with subsection (C)(6).
2. 
Notice. Upon determination that the provisions of this section apply to a given parcel of land, the director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current assessor's tax roll, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.
a. 
The notice required by this subsection shall state:
i. 
That the property in question is a nonconformity;
ii. 
The date of abatement established in subsection (C)(1), above; and
iii. 
That the date of abatement may be appealed to the commission within thirty days of the date indicated on the notice.
b. 
The city has no legal obligation to notify subsequent owners of an affected parcel.
3. 
Appeal. The owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the imposition of the required amortization period by submitting a written appeal, on a form provided by the director and accompanied by any required fee in compliance with the town fee schedule within thirty days of the date on the notice.
4. 
Hearing. Within sixty days after receipt of an appeal, the council shall hold a public hearing to determine whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted as provided in subsection (C)(6).
a. 
Notice of the hearing shall be provided in the same manner as the notice of abatement, and shall also be provided by mail to the owners of abutting parcels.
b. 
The council shall receive written and oral testimony at the hearing relating to the term of abatement. During the hearing, the owner shall be permitted to call witnesses and be represented by counsel.
c. 
At the close of the hearing, the council shall determine whether the nonconformity should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement required by subsection (C)(1), and if not, what term for abatement should be provided. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than required by subsection (C)(1).
d. 
In the case of a nonconforming use, the council shall also determine whether the structure accommodating the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose allowed by the applicable zoning district.
e. 
The council may require reasonable modifications or alterations to any nonconformity to improve the nonconformity's appearance or compliance with this title, municipal code, or state law, except that any modification or alteration that would extend the useful life of the nonconformity is expressly prohibited.
5. 
Decision and Order. The decision of the council and supporting findings shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within ten days after the decision is rendered. The order shall also be recorded in the office of the county recorder. The order shall be binding upon the owner, and the owner's successors, heirs, and assignees.
6. 
Extension of Time.
a. 
The council may grant an extension of the time for abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner; and
b. 
The council shall base its decision as to the length of the allowed amortization period on any competent evidence presented, including the following:
i. 
The nature of the use;
ii. 
The amount of the owner's investment in improvements;
iii. 
The convertibility of improvements to allowed uses;
iv. 
The character of the neighborhood;
v. 
The detriment, if any, caused to surrounding properties and the community by continuance of the nonconforming use;
vi. 
The amount of time needed to amortize the investment; and
vii. 
The depreciation schedule attached to the owner's latest federal income tax return.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this title shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the director by 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 one ownership and 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; or
4. 
Partial Government Acquisition. The parcel was created in compliance with the provisions of this title, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent and the yard facing a public right-of-way was decreased not more than fifty percent.
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.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Conformity of Uses Requiring Land Use Permits. A use lawfully existing without the approval of a use permit or minor use permit that would be required by this title, shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.).
B. 
Previous Land Use Permits in Effect. A use that was authorized by a land use permit but is not allowed by this title in its current location may continue, but only in compliance with the original land use permit.
(Ord. 205 § 1 (Exh. A), 2003)