40.530.050 Legal Nonconforming Uses

40.530.050    Legal Nonconforming Uses

A.    Discontinuation of Legal Nonconforming Status.

1.    Nonconforming uses shall be considered abandoned and discontinued in terms of legal nonconforming status if the legal nonconforming use ceases for a period of six (6) months or more, or is changed to a conforming use.

2.    Uses which are nonconforming with respect to provisions for screening shall not be considered as legally nonconforming, and shall provide screening as required under current standards and regulations of the underlying zoning district within a period of five (5) years of the initial nonconformity. In cases of nonconforming screening where the existing use is not permitted in the underlying zoning district, the responsible official may impose screening standards of the district in which the use is normally permitted.

3.    That portion of a commercial or industrial nonconforming use of property involving outside storage of inventory, supplies, or other material shall be abated within six (6) months of the adoption of the ordinance codified in this chapter unless, within such period, application for site plan approval is made and thereafter granted for such outside storage. Site plan approval for nonconforming outside storage shall be processed in accordance with the standards of the district within which such use is permitted.

(Amended: Ord. 2006-05-01)

B.    Changes of Legal Nonconforming Uses.

1.    The responsible official may allow a legal nonconforming use to be changed to another legal nonconforming use, subject to a Type II review, only if all of the following conditions are met:

a.    The proposed new use can be clearly demonstrated to involve equal or lesser adverse impacts to the surrounding area, as it currently exists and as it is likely to develop in the future consistent with the underlying zoning district;

b.    The proposed change in use will involve minimal structural alteration;

c.    The proposed new use will not increase the amount of space occupied by a nonconforming use, except in cases where a legal nonconforming use proposes to expand within an existing building without structural alteration except as required by law, where such building had been originally designed for such internal expansion of use; and

d.    The proposed change in use is subject to Section 40.520.040, if applicable.

C.    Expansions or Alterations of Legal Nonconforming Uses and Associated Structures.

1.    Legal nonconforming single-family dwellings or duplexes and accessory structures may undergo expansion or alteration within an existing legal lot, provided such expansion does not violate standards for setbacks, height, or other applicable code provisions. Such expansions shall be subject to Type I review under this code.

2.    Legal nonconforming uses and associated structures other than single-family dwellings or duplexes may undergo expansion or alteration, subject to compliance with all of the following listed criteria. Conditions of approval shall be required as necessary to ensure compliance. Such proposed expansions or alterations shall require site plan approval under Section 40.520.040. Substantive requirements of Section 40.520.040 which cannot be complied with because of the nature of the existing use may be modified at the discretion of the responsible official. Conditional use permit approval under Section 40.520.030 may also be required if the responsible official finds that the proposed expansion raises significant community concerns relative to the criteria of this chapter.

a.    The proposed expansion or alteration will not increase the extent of adverse impacts to the surrounding area and its character, or increase the extent of adverse impacts to future development likely to occur in the surrounding area consistent with the underlying zoning district; and

b.    The proposed expansion or alteration is limited to the legal lot of record of the existing use, unless expansion to adjacent lots serves to limit potentially adverse impacts; and

c.    The proposed expansion or alteration fully complies with all applicable local, state or federal requirements.

3.    In considering approval of the proposed expansion or associated conditions thereof, the responsible official may apply the standards of the underlying zoning district and those of the zoning district in which the expanding use is normally allowed, as deemed necessary to ensure compliance with the intent of this chapter.

4.    The responsible official may also consider applications for expansion or alteration of existing nonconforming uses which have been established pursuant to a valid planned unit development, site plan approval or covenant agreement with the county, subject to the following:

a.    To consider alteration or expansion under this subsection, at least thirty percent (30%) of total public infrastructure construction of the development authorized by the covenant must have been completed; and

b.    All applicable provisions of the planned unit development, site plan approval or covenant agreement shall be fully complied with; and

c.    The responsible official may apply specific standards of the zoning district established by the covenant, planned unit development or site plan approval, rather than standards of the underlying zoning district, as deemed necessary to ensure compliance with this chapter.

D.    Destruction of Legal Nonconforming Uses.

    If a structure containing a nonconforming use is destroyed by any cause leading to a loss of sixty percent (60%) or greater of appraised value as determined by the records of the County Assessor from the previous year, any future structure on the site shall conform to regulations of the underlying zoning district.