CHAPTER 20.60
NONCONFORMING USES AND STRUCTURES
Sections:
20.60.020 Nonconforming structures.
20.60.010 Intent.
It is the City’s intention to ultimately have all structures and uses conform with the codes and regulations of the City, as amended from time to time, and that nonconforming structures and uses should be phased out or brought into conformity as completely and as quickly as possible with due regard to the special interests and property rights of those concerned. Nonconforming structures and nonconforming uses may continue to exist, and may be repaired, maintained, improved, and expanded, only to the extent expressly allowed by this chapter. (Ord 06-186 (Ex A); Ord 01-86 §5 (Ex C))
20.60.020 Nonconforming structures.
A. Repair, Maintenance and Improvements. The interior of a nonconforming structure may be repaired, maintained and improved to the extent of not more than twenty-five percent of the assessed value of the structure in any consecutive period of thirty-six months. Repair, maintenance and improvement shall conform to all the City’s building codes.
B. Enlargement. The exterior dimensions of a nonconforming structure may be enlarged by up to one hundred percent of the floor area existing at the effective date of the nonconformance upon obtaining a Conditional Use Permit. Provided, however, the degree of nonconformance shall not be increased, and the new structure shall comply with the then current bulk and dimensional requirements of the zone in which the nonconforming structure is located.
C. Restoration. A nonconforming structure which is destroyed, damaged, or has incurred a loss where the cost of restoration would exceed fifty percent of the assessed value of the structure, may be restored and rebuilt only if the entire structure conforms with the then current bulk and dimensional requirements of the zone in which the structure is located. A nonconforming structure which is destroyed, damaged, or has incurred a loss where the cost of restoration would not exceed fifty percent of the assessed value of the structure, shall be restored and rebuilt within twelve months after the destruction, damage or loss, or the nonconformance shall be considered to be terminated and may not be resumed. A nonconforming single family residence on a substandard lot in a residential zone may be restored and rebuilt to any extent as long as it does not increase the pre-existing degree of nonconformity.
D. Relocation. Except as otherwise allowed under applicable law, when a structure, or a portion thereof, is moved to a new location, it shall conform to the Codes and regulations applicable to the new location.
E. No exemption from certain requirements. Nonconforming structures shall not be exempt from complying with all current codes and regulations relating to storm drainage, landscaping, off-site traffic mitigation and frontage improvements including curbs, gutters and sidewalks. (Ord 06-186 (Ex A); Ord 01-86 §5 (Ex C))
20.60.030 Nonconforming uses.
A. Discontinuance upon Substantial Damage – Exception. Except for residential uses, and structures accessory to the residential use, a nonconforming use loses its status, and must be discontinued, if the structure in which it is located is destroyed, damaged, or has incurred a loss where the cost of restoration would exceed fifty percent of the assessed value of the structure.
B. Change in Use. A nonconforming use cannot be changed to another nonconforming use. An increase in volume or intensity of a nonconforming use is permissible, however, where the nature and character of the use are unchanged and substantially the same facilities are used. Whether or not use has changed to another nonconforming use is based upon the use existing on the date the use became nonconforming.
C. Expansion of Use of Land. A nonconforming use may be expanded to include land which was owned by the same person at the effective date of the nonconformance, and which has continued in unbroken single ownership to the present, upon the granting of a conditional use permit as provided in this chapter; provided, however, that such expansion of a nonconforming use shall not increase the land area devoted to the nonconforming use by more than one hundred percent of that in use at the effective date of the nonconformance.
D. Expansion of Use in Structure. A nonconforming use established in part, but not all, of a structure at the effective date of the nonconformance may expand the nonconforming use within said structure upon obtaining a conditional use permit as provided in this chapter. (Ord 17-482 §1; Ord 06-186 (Ex A); Ord 01-86 §5 (Ex C))
20.60.035 Nonconforming lot.
Any building/structure shall conform to all current regulations of the zoning district in which such lot is located, including without limitation, minimum lot size, required yards/setbacks, lot coverage, density, parking, storm drainage, landscaping, access and road improvement. (Ord 06-186 (Ex A); Ord 01-86 §5 (Ex C))
20.60.040 Discontinuance or abandonment.
A. Structure. Any nonconforming structure which has been unoccupied for a period of twenty-four consecutive months may not be reoccupied unless and until it is brought into conformity with the Zoning Code. For purposes of this chapter, the term "occupation" shall mean that the structure is being used for the purpose for which it was constructed or last used as allowed under this chapter.
B. Uses. If a nonconforming use is discontinued or abandoned for a period of twelve consecutive months, the nonconforming use is terminated and future use shall conform with the then current Zoning Code. The mere presence of a structure, equipment or material shall not be deemed to constitute a continuance of a nonconforming use unless the structure, equipment or material is actually being occupied or employed in maintaining such use. (Ord 06-186 (Ex A); Ord 01-86 §5 (Ex C))
20.60.050 Expansion.
A permit for the expansion of nonconforming structures and nonconforming uses and the placement of residential nonconforming mobile/manufactured homes may be granted if the following criteria, together with the criteria established for conditional uses in the Zoning Code has been satisfied:
1. An expanded nonconforming use or nonconforming Mobile/manufactured home is not incompatible with existing and potential uses in the immediate area;
2. Adverse impacts of an expanded nonconforming structure or use or a nonconforming Mobile/manufactured home have been mitigated by site design elements such as landscaping and general visual improvement of the property; and
3. Concerns of adjacent property owners and the general public are considered. (Ord 06-186 (Ex A); Ord 01-86 §5 (Ex C))