Chapter 18.72
NONCONFORMING USES
Sections:
18.72.030 Establishment of lawful nonconforming uses and structures.
18.72.040 Right to continue nonconforming uses and structures.
18.72.050 Maintenance, repair and interior alteration of nonconforming structures.
18.72.060 Additions to nonconforming structures.
18.72.070 Restoration of damaged or destroyed nonconforming structures.
18.72.080 Expansion of nonconforming uses.
18.72.090 Changes and substitutions of nonconforming uses.
18.72.100 Discontinued nonconforming uses.
18.72.010 Purpose.
The purpose of this chapter is to regulate nonconforming uses and structures that do not meet the requirements of the established zoning district in a manner consistent with the general plan, surrounding development, and public safety. (Ord. 723 § 3(1), 2017)
18.72.020 Applicability.
A. General. As used in this chapter the terms “nonconforming use,” “nonconforming structure” and “nonconforming lot” shall be pursuant to the definitions of these terms in Chapter 18.08 of this code and shall only apply to those uses, structures or lots that are lawfully established. Nonconforming uses and structures may only be continued, changed, or expanded subject to the requirements of this section.
B. Other Codes and Regulations. Nothing in this chapter shall override or preclude the requirement to comply with other applicable codes, laws and regulations including, but not limited to, all applicable provisions of the Alpine County Code. (Ord. 723 § 3(2), 2017)
18.72.030 Establishment of lawful nonconforming uses and structures.
Any use, structure, or lot that meets the applicable definition in Chapter 18.08 of this code shall be considered lawful nonconforming. (Ord. 723 § 3(3), 2017)
18.72.040 Right to continue nonconforming uses and structures.
A. Nonconforming Uses. Any lawful nonconforming use may be continued and maintained; provided, that there be no alteration, enlargement, or addition to any building or structure housing the use; nor any enlargement of the area, space, or volume occupied by such use, except as otherwise provided in this chapter.
B. Nonconforming Structures. Any lawful nonconforming building or structure may be continued and maintained; provided, that there be no alteration, enlargement, or addition to the building or structure except as otherwise provided in this chapter. (Ord. 723 § 3(4), 2017)
18.72.050 Maintenance, repair and interior alteration of nonconforming structures.
Maintenance, repairs and interior alterations are permitted to a nonconforming structure. (Ord. 723 § 3(5), 2017)
18.72.060 Additions to nonconforming structures.
A. General. Additions to nonconforming structures are allowable if the addition conforms to the regulations applicable to the zoning district where it is located and the addition does not increase the degree of nonconformity.
B. Second Dwelling Units and Accessory Buildings. A second dwelling unit in compliance with Chapter 18.69 may be developed on a lot that contains a nonconforming primary dwelling. Accessory buildings which meet the requirements of this chapter are allowed on property where nonconforming buildings or uses exist. The second dwelling unit and the accessory buildings allowed in this chapter must comply with the zoning standards for the district in which they are located unless a variance pursuant to Chapter 18.80 is approved.
C. Decks and Uncovered Porches. A nonconforming deck may be removed and reconstructed if the size is not increased and the nonconforming setback is not decreased. (Ord. 723 § 3(6), 2017)
18.72.070 Restoration of damaged or destroyed nonconforming structures.
A lawful nonconforming use, building or structure that is destroyed by a calamity beyond the control of the property owner may be restored or rebuilt subject to obtaining a building permit and complying with the following provisions:
A. Destruction of a Nonconforming Use. If a building or structure containing a nonconforming use is destroyed by a calamity beyond the control of the property owner, the property owner may reestablish the nonconforming use and may repair or replace the building or structure; provided, that he/she obtains a building permit within thirty-six months of the calamity. The building or structure containing the nonconforming use may only be replaced in the same location, size and character as the original building or structure and use. The building official may grant an extension of time to obtain the building permit if there are extenuating circumstances and the property owner has made a good faith effort to obtain the building permit within the initial thirty-six-month period.
B. Destruction of a Nonconforming Building or Structure. If a nonconforming building or structure is destroyed by a calamity beyond the control of the property owner, the property owner may repair or replace the nonconforming building or structure; provided, that he/she obtains a building permit within thirty-six months of the calamity. The nonconforming building or structure may only be replaced in the same location and size as the original building or structure. The building official may grant an extension of time to obtain the building permit if there are extenuating circumstances and the property owner has made a good faith effort to obtain the building permit within the initial thirty-six-month period. (Ord. 723 § 3(7), 2017)
18.72.080 Expansion of nonconforming uses.
A. General. No lawful nonconforming use may be expanded without the approval of a use permit. Expansion of use is an increase in volume, intensity, frequency, or impact of the use, building, or structure on surrounding property.
B. Expansion Within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the building code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable building code requirements. (Ord. 723 § 3(8), 2017)
18.72.090 Changes and substitutions of nonconforming uses.
A. General. No lawful nonconforming use shall be changed to a different location without the approval of a use permit unless the use is permitted by right in the new location. This requirement does not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use.
B. Substitutions. The community development director may allow substitution of a nonconforming use with another nonconforming use that does not involve a change in location. In addition to any other findings required by this title, the community development director must find that:
1. The existing nonconforming use was legally established;
2. The proposed new use would not preclude or interfere with implementation of the general plan;
3. The proposed new use will be no less compatible with the purposes of the district than the nonconforming use it replaces;
4. The proposed new use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area;
5. The proposed new use will comply with all applicable standards of this code, or special circumstances exist that would justify modification to applicable standards. (Ord. 723 § 3(9), 2017)
18.72.100 Discontinued nonconforming uses.
No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been discontinued for a period of five years, unless the planning commission approves a use permit. (Ord. 723 § 3(10), 2017)