Chapter 17.36
NONCONFORMING USES AND BUILDINGS1
Sections:
17.36.020 Continuation and Maintenance.
17.36.030 Alterations and Enlargements of Nonconforming Buildings and Structures.
17.36.040 Destruction and Reconstruction of Nonconforming Buildings.
17.36.010 Purpose.
Much of Carmel’s charm and uniqueness comes from the variety in design of its buildings. Many of its older buildings, although nonconforming, add to this overall charm and unique quality. The loss of such buildings could have a detrimental effect on the overall character of the City. It is the purpose of this chapter to regulate nonconforming buildings and nonconforming uses and to provide for the elimination of nonconformity, where its elimination will not have a detrimental effect on the City’s unique charm and the overall village character of the City. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.36.020 Continuation and Maintenance.
A. A building or structure that was lawfully established, but does not conform to existing zoning regulations, shall be deemed a nonconforming structure and may be used and maintained as provided in this chapter. (For structural nonconformance, see CMC Title 15 and the Uniform Building Code.)
B. Occupancies and uses lawfully established that do not conform with the current use regulations, site area requirements, or dwelling unit densities in the district where the use is located may be continued, except as otherwise provided in this chapter.
C. Any lawfully established use, building or structure that is nonconforming solely by reason of the absence of an administrative permit or use permit may be changed to a conforming use, building or structure by issuance of an appropriate administrative permit or a use permit, in compliance with this title. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.36.030 Alterations and Enlargements of Nonconforming Buildings and Structures.
A. A lawful nonconforming structure may be maintained, repaired, or altered as long as such maintenance, repair, or alteration does not increase the nonconformity and all work performed conforms to all of the requirements of this chapter. Alterations and additions to buildings and structures subject to Chapter 17.32 CMC, Historic Preservation, shall conform to the requirements of that chapter.
B. Alterations, repairs or remodeling that enlarge, extend or increase a nonconforming feature of a building shall be prohibited, except as provided in CMC 17.32.100(D) for historic resources. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.36.040 Destruction and Reconstruction of Nonconforming Buildings.
A. Nonconforming buildings or structures that are damaged or destroyed by fire, explosion, acts of God, or acts of the public enemy to an extent of 75 percent or less of the value of the structure as determined by the Building Official may be reestablished to the size and extent to which it previously existed providing a building permit is obtained from the Building Official within 30 months of the date of damage or destruction and is completed in conformance with the current, applicable Uniform Building Code and City building ordinances.
B. Nonconforming buildings or structures that are damaged or destroyed in excess of 75 percent as indicated above may be reestablished providing a use permit is issued by the Planning Commission, based on findings in CMC 17.64.130 and the plans for the project are approved by the Planning Commission.
C. It is recognized that compliance with CMC Title 15 and the Uniform Building Codes dealing with construction may alter to some extent existing buildings. Where this occurs, such changes are subject to design review and may be made providing the design or construction is not altered in a manner that conflicts with the City’s zoning standards and design guidelines and nonconformities shall not be increased.
D. The demolition of any nonconforming building or structure shall require that all new construction on the site meet all requirements for new buildings and structures.
E. The substantial alteration of any nonconforming building or structure, that includes removal of any nonconforming building element or structural element, shall require correction of that specific nonconforming building element or structural element in conformance with all requirements for new construction. The removed nonconformity shall not be rebuilt or reestablished at that location on the site or elsewhere on the site. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.36.050 Nonconforming Uses.
A. No building that contains a nonconforming use shall be enlarged by increasing the floor area or building envelope or exterior volume. Repairs, remodeling, alterations or maintenance, in any 12-month period, shall be limited to 10 percent of the value of the building, or 10 percent of the value of the portion of the building containing the nonconforming use. The value of improvements shall be determined by the Building Official.
B. No nonconforming use may be expanded or extended into an existing portion of a building that was not previously occupied by the same nonconforming use.
C. A commercial use that is otherwise allowed within a district but is nonconforming due to noncompliance with one or more operational standards for approval (e.g., hours, type of merchandise, etc.) shall require that any replacement use comply with all operational standards for approval upon change of ownership. A use that is nonconforming due to physical or structural standards (e.g., floor area, number of parking spaces, etc.) shall not be required to conform upon change of ownership of the use.
D. A new building constructed on premises containing a nonconforming use shall only be used or occupied by a use permitted in the district in which the building is located.
E. The requirements of this section shall not apply to any building that contains a lawful nonconforming dwelling unit in any commercial or R-4 district. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.36.060 Abandonment of Use.
Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of the code, such part of the building, structure or land shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use. Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of six consecutive months, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the building, part of the building, structure or land thereafter shall be in conformity with the regulations of the zoning district wherein the site of the use lies. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Prior legislation: Code 1975 § 1315; Ords. 159 C.S., 314 C.S., 323 C.S., 79-22, 86-3, 87-25, 2003-01 and 2003-08.