Chapter 17.80
NONCONFORMING USES AND STRUCTURES

Sections:

17.80.010    Purpose.

17.80.020    Nonconforming lots.

17.80.030    Nonconforming use of land.

17.80.040    Nonconforming structures.

17.80.050    Repairs, maintenance and safety of nonconforming structures.

17.80.060    Moving a nonconforming structure.

17.80.070    Changes to a nonconforming use.

17.80.080    Abatement of public nuisance.

17.80.090    Nonconforming manufactured home.

17.80.010 Purpose.

It is recognized that certain existing lots, structures and uses will not conform to this title at the time of its adoption. The purpose of this chapter is to protect owners and/or tenants of property from unreasonable loss and hardship where such nonconformity is created as a result of the adoption of provisions contained in this title. It is also realized that land, structures and uses of land and structures which do not conform to the provisions of this title can become nuisances, can disrupt the orderly development of the city, and can create unsafe, hazardous and unhealthful conditions; therefore, the city declares that, over time, most nonconforming structures and uses shall be terminated as provided in this chapter. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 492 § 2, 1998: Ord. 475 § 1 (part), 1996)

17.80.020 Nonconforming lots.

A structure and its customary accessory buildings or accessory dwellings may be erected on any lot created before the effective date of the ordinance codified in this title. This provision shall apply even though such lot fails to meet the minimum dimensional requirements of the underlying zoning district; provided, that such structure is allowed within that zoning district and all uses of the nonconforming lot shall comply with all other provisions of this title including setbacks, dimensional standards and lot coverage requirements, except where a variance from such standards has been approved in compliance with Chapter 17.88. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

17.80.030 Nonconforming use of land.

Where lawful use of the land exists on the effective date of any ordinance codified in this title, which is not permissible under the terms of this title, as amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.    No such use shall be enlarged or increased, nor extended to occupy a greater area of land, dimensions or volume than was occupied at the effective date of the ordinance codified in this title without the issuance of a conditional use permit (CUP). The hearing examiner shall not approve such a CUP unless the following criteria are met:

1.    It is found that expansion of such use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

2.    Expansion of such a use shall not include new uses that are not allowed in the district; and

3.    Expansion of such a use shall conform to all other standards of this title unless special circumstances should allow a variance to be issued in strict accordance with Chapter 17.88;

B.    If a nonconforming nonresidential use is discontinued or inactive for a period of one year, it shall be deemed a discontinued nonconforming use unless an extension is granted in writing by the administrator. Extensions may be granted for up to one year with no more than two extensions permitted. A discontinued nonconforming nonresidential use cannot be reestablished. Further use of the property must conform to the provisions of this title. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 643a § 4, 2014; Ord. 492 § 3, 1998: Ord. 475 § 1 (part), 1996)

17.80.040 Nonconforming structures.

Where a lawful structure exists on the effective date of any ordinance codified in this title, which structure could not be built under the terms of this title, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

A.    No such structure shall be enlarged or altered in a way which increases its nonconformity without the issuance of a conditional use permit, consistent with the provisions of Chapter 17.64, Conditional Use Permits; and

B.    Nothing in this title shall require any change in plans, construction, alteration or designated use of a structure for which a legal valid building permit existed prior to the adoption of the ordinance codified in this title and continues to exist on the date of adoption of this title and any subsequent amendments to this title, except that if the structure will be nonconforming it shall be built to conforming standards if not complete within two years of the date of adoption of this title or any amendment to this title; and

C.    A nonconforming structure which has been destroyed, damaged or has incurred a loss may be rebuilt within the existing footprint of the damaged or destroyed building, provided, no more than twelve months shall be allowed in which to resume activity or rebuild, unless an extension is granted in writing by the administrator, or the structure shall be deemed nonconforming and any rebuilding must conform to the provisions of this title. Extensions may be granted for up to one year with no more than two extensions permitted; and

D.    A residential use nonconforming structure destroyed, damaged or which has incurred a loss may be reconstructed on the same site within the time frames set forth in this section; and

E.    A residential use nonconforming structure may be replaced within the existing building footprint. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 543 § 1, 2004; Ord. 475 § 1 (part), 1996)

17.80.050 Repairs, maintenance and safety of nonconforming structures.

Repairs and maintenance work may be undertaken on a nonconforming structure and nothing shall prevent the city from requiring repair of any nonconforming structure to protect health and safety. Maintenance work and repair on a nonconforming structure shall conform to all provisions, modifications and amendments to the city building codes. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

17.80.060 Moving a nonconforming structure.

If a nonconforming structure is moved, it shall conform to the zoning regulations of the zone to which it is moved. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

17.80.070 Changes to a nonconforming use.

A nonconforming use shall not be changed to another nonconforming use. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

17.80.080 Abatement of public nuisance.

Regardless of any provision in this title, any nonconforming use or structure deemed to present a hazard to the public health or safety or deemed to be a public nuisance by the administrator may be terminated through civil legal proceedings commenced in Douglas County superior court. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)

17.80.090 Nonconforming manufactured home.

Notwithstanding any other provision in this chapter or in this title, existing HUD certified manufactured homes and state-certified manufactured homes that legally exist upon the date of adoption of this section, but do not meet the dimensional or design standards of the district in which such home is located, may be replaced with a more conforming, by dimension and design standards, HUD certified manufactured home. (Ord. 695 § 1 (Att. H) (part), 2018: Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)