50.01.006 NONCONFORMING STRUCTURES AND USES

1. NONCONFORMING USE, STRUCTURE DEFINED; RIGHTS GRANTEDCode Interpretations

a.    Nonconforming Use or Structure

A use or structure is considered a nonconforming use or structure if the use or structure was lawfully established, but does not comply with or would not be permitted to exist under a subsequent enactment or amendment to this Code.

b.    Approved Variance

A use or structure for which a variance was granted under these code provisions is not considered nonconforming solely by the fact that the characteristic of the use or structure for which the variance was granted fails to comply with the requirements of this Code. The existence of such variance does not prevent the use or structure from being classified as nonconforming if some other characteristic of the use or structure fails to comply with the requirements of this Code.

c.    Expansion of Nonconforming Residential Structure

A residential structure which is classified as a nonconforming structure by this section may be enlarged or expanded in the following circumstances:

i.    The enlargement or expansion does not increase the degree of nonconformity; or

ii.    A change in roof pitch on the nonconforming portion of the structure may be permitted if the building height is not increased by more than six ft. and is less than the underlying zone height.

d.    Continuation of Nonconforming Use or Structure

Subject to the provisions of this section, and except as otherwise provided by this Code, a nonconforming use or structure may be continued and maintained in reasonable repair so long as it remains otherwise lawful, but it shall not be altered in a manner to enlarge or expand or reconstruct the use or structure.

[Cross-Reference: LOC 50.07.005.1 – Uses Under Conditional Use Provisions Not Nonconforming Uses.]

(Ord. 2579, Repealed and Replaced, 03/20/2012)

2. DISCONTINUANCE OF A NONCONFORMING USE

If a nonconforming use is discontinued for a period of at least six months, further use of the property upon which the use was located shall conform to the requirements of this Code.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

3. APPLICABILITY TO APPROVALS, INCOMPLETED CONSTRUCTION

This Code does not require any change in plans, construction or use of a nonconforming use or structure for which a final development approval was received prior to the date that the use or structure became nonconforming if construction of project structures, or completion of the development where no structures are involved, is completed and use established no later than one year after the date that the use or structure became nonconforming, or in accordance with an approved development schedule. All rights granted by this section are extinguished if the development permit or building permit is revoked or for any reason becomes void. The structure or use shall thereafter conform to all applicable provisions of this Code.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

4. DESTRUCTION, MOVEMENT, AND REPLACEMENT OF STRUCTURESCode Interpretations

a.    Single-Family or Duplex Dwellings, Accessory Structures, and Historic Landmarks

i.    Applicability

Excluding structures within the Flood Management Area, this subsection 4.a is applicable to nonconforming:

(1)    Single-family (attached or detached) or duplex dwellings;

(2)    Historic landmarks designated or listed upon the Landmark Designation List; and

(3)    Nonconforming accessory structures to a single-family dwelling, duplex dwelling, or historic landmark.

ii.    Ability to Construct or Reconstruct Nonconforming Structure

Subject to the one-year time limitation provided below, when an applicable structure, or any portion thereof, is damaged or destroyed:

(1)    By causes not under the control of the owner (including but not limited to fire, earthquake, flood, landslide, and wind or tree damage, but not including destruction due to lack of structural maintenance by the owner, reconstruction, remodeling, or new construction), the rebuilding or reconstruction of the nonconforming structure, or portion thereof, shall be exempt from the provisions of this Code to the extent that the structure failed to conform.

(2)    By causes under the control of the owner, e.g., lack of structural maintenance by the owner, reconstruction, remodeling, or new construction, the portion of the nonconforming dwelling being rebuilt, reconstructed, or being newly constructed shall conform fully to City codes and standards.

iii.    Time Limitation

In order to utilize the rights granted by subsection 4.a.ii of this section, the building permit for the construction or reconstruction must be issued within one year from the date of damage or destruction. If the building permit is not issued within the one-year period, or if issued, the building permit expires, the ability to construct or reconstruct an applicable nonconforming structure shall cease.

iv.    Maintenance of Nonconforming Structure

Maintenance of a nonconforming structure that does not enlarge or expand the structure is permitted; maintenance that does enlarge or expand the structure is subject to subsection 4.a.v of this section.

v.    Expansion of Nonconforming Structure in Conforming Manner

Applicable nonconforming structures may also be enlarged or expanded in a manner which does not increase the degree of nonconformity.

b.    Structures Other Than Single-Family or Duplex Dwellings, Accessory Structures, and Historic Landmarks

i.    Applicability

This subsection 4.b is applicable to all structures other than listed in subsection 4.a.i of this section.

ii.    Ability to Construct or Reconstruct Nonconforming Structure

Subject to the time limitation provided below, if a nonconforming structure is damaged or destroyed by any means to the extent that the cost of rebuilding the damaged portions would exceed 50% of the then current replacement cost of the entire building, the rebuilding shall conform fully to City Codes and Standards. Determination of the rebuilding costs shall be made by the City Manager, who may utilize an appraisal or other suitable method to determine current replacement costs. If the damage is 50% or less of the current replacement costs, the rebuilding or reconstruction need not comply with the terms of this Code only to the extent that the destroyed portions of the structure failed to conform.

iii.    Time Limitation

In order to utilize the rights granted by subsection 4.b.ii of this section, the building permit for the construction or reconstruction must be issued within one year from the date of damage or destruction. On demonstration that a good faith effort has been made by the owner to be able to apply for the building permit to construct or reconstruct the damaged or destroyed structure (including obtaining funding and completion of architectural work) and a written request for extension is submitted prior to expiration, the City Manager may extend the construction rights for an additional year. No more than two one-year extensions may be granted. If the building permit is not issued within the one-year period, or if issued, the building permit expires, the ability to construct or reconstruct an applicable nonconforming structure shall cease.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

5. EXPANSION OF NONCONFORMING INDUSTRIAL, MIXED USE, OR COMMERCIAL USES OR STRUCTURES

A nonconforming industrial or commercial use or structure located in a commercial, industrial, or mixed use zone may be altered, enlarged, or expanded after a conditional use permit has been issued for such activity.

(Ord. 2599, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)

6. REPAIRS AND MAINTENANCE

On any nonconforming structure or portion of a structure containing a nonconforming use, normal repairs or replacement of nonbearing walls, fixtures, wiring, or plumbing may be performed in a manner not in conflict with the other provisions of the City Code. Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

7. NONCONFORMING CHARACTERISTICS OF USE

Any matter regulated by this Code not directly related to a structure or type of use that does not conform to the requirements of this Code may continue, but shall not be increased, enlarged, expanded or reconstructed. Any changes in such characteristics of use must not increase the nonconformity, but may take place to decrease the nonconformity. The rights granted by this section do not apply to the matters regulated by LOC 50.06.011,Vision Clearance.

(Ord. 2579, Repealed and Replaced, 03/20/2012)