Chapter 17.28
NONCONFORMING USES, LOTS AND STRUCTURES
Sections:
17.28.020 Nonconforming uses and structures.
17.28.040 Nonconforming off-street parking.
17.28.050 Previously granted conditional use and variance permits.
17.28.071 Critical area density calculation.
17.28.072 Lot coverage calculation.
17.28.010 Purpose.
This chapter regulates those uses, structures, and lots legally established before the adoption of the UDC that may not conform to all of the requirements within the UDC. (Ord. 1047 §§2(part), 3(part), 2004).
17.28.020 Nonconforming uses and structures.
A. For purposes of interpretation of the provisions, a "residential building or structure" shall be deemed to include both single-family and multifamily buildings or structures.
B. To avoid undue economic hardship to owners of property, nonconforming uses and structures shall be allowed to continue under and subject to the following conditions:
1. An existing nonconforming structure or use cannot be enlarged or altered to increase its nonconformity with the provisions of the zoning classification within which it or they are located; provided, however, that such usage may be continued or modified subject to compliance with the following provisions in relation to modification, repair or replacement set forth in the following subsections.
2. Nonresidential Buildings or Structures.
a. An existing nonconforming nonresidential structure and its equipment or fixtures that is damaged or destroyed by natural, accidental, or malicious causes may be repaired or reconstructed to its original size, shape, configuration, and in conformance with the applicable building codes, even if the value of the repair or replacement exceeds fifty percent of the replacement value of the structure as determined by the building official subject to the following conditions:
i. Repair or reconstruction must be commenced within one year of the event which caused the damage; and
ii. Be completed within two years after commencement of the repair or reconstruction.
The landowner may obtain an extension of the time period within which the repair or reconstruction must be commenced or completed subject to the following conditions:
(A) The request having been submitted in writing to the office of the clerk-treasurer during the pertinent period setting forth in reasonable detail the reasons for the failure to complete the repair or reconstruction within the allowed period and the period of extension being requested along with payment of any fee for consideration of such request which may be established by resolution; and
(B) The request being approved by the city council.
b. The owner of a nonresidential structure or building may make modifications or improvements to the building or structure so long as (i) such modifications or improvements do not expand or modify its original size or exterior size or configuration and (ii) such modifications or improvements do not significantly increase the degree of nonconformance.
3. Residential.
a. An existing nonconforming residential building or structure that is damaged or destroyed by natural, accidental, or malicious causes may be reconstructed to its original size, shape, configuration, and in conformance with the building code if reconstruction commences within one year of the event causing the damage and be completed within two years of commencement of such action unless extended by the city council. The landowner request for an extension of the time period within which to commence construction or complete reconstruction is subject to the following conditions:
i. The request having been submitted in writing to the office of the clerk-treasurer during the pertinent period setting forth in reasonable detail the reasons for the failure to complete the repair or reconstruction within the allowed period and the period of extension being requested along with payment of any fee for consideration of such request which may be established by resolution; and
ii. The request being approved by the city council.
b. The owner of a residential structure or building may remove the existing structure or building and replace it with a new residential structure or building so long as all permits are obtained, the project meets all provisions of any applicable building code, and the entire project is completed within twelve months of the commencement of the demolition of the existing building or structure.
4. If a nonconforming use is discontinued for one year or more for reasons other than those which make the provisions of subsections (B)(2) and (3) of this section applicable, then that nonconforming use is no longer legal and subsequent uses and structures shall conform to this title. (Ord. 1169 §1, 2018: Ord. 1047 §§2(part), 3(part), 2004).
17.28.030 Nonconforming lots.
A. Any legally created lot that existed before the effective date of adoption of the UDC and which is nonconforming as to area or dimension as required by the zoning district, is a legal building lot provided that it:
1. Has at least twenty feet of frontage on a public street; and
2. Satisfies all other regulations for the district and all other rules and regulations of the city. (Ord. 1047 §§2(part), 3(part), 2004).
17.28.040 Nonconforming off-street parking.
Any use existing before the adoption of the UDC that is nonconforming regarding the Table of Required Spaces in Section 17.24.150(D) of the UDC and intends to expand shall be required to conform to the number of spaces required only for the expanded area. (Ord. 1047 §§2(part), 3(part), 2004).
17.28.050 Previously granted conditional use and variance permits.
Any conditional use or variance permit granted under previous regulations shall continue subject to any conditions and/or time limitations specified in the original permit. Any nonconforming use or structure established through a conditional use permit granted under previous regulations and does not conform to Section 17.16.030 of this code, Table of Land Uses, shall conform to Section 17.28.020 of this chapter. (Ord. 1047 §§2(part), 3(part), 2004).
17.28.071 Critical areas density calculation.
A. Critical areas and their buffers may be used for calculation of allowed residential density subject to the following limitations:
1. Full density credit shall be allowed for erosion and seismic hazard areas and for flood hazard areas outside of streams, wetlands or buffers associated with streams or wetlands.
2. Partial to full density credit shall be allowed for steep slopes, landslide hazard areas, and any required critical area buffers according to the following table:
|
Percentage of Site in Critical Area and/or Buffer |
Amount of Density Credit |
|---|---|
|
1--10% |
100% |
|
11--20% |
90% |
|
21--30% |
80% |
|
31--40% |
70% |
|
41--50% |
60% |
|
51--60% |
50% |
|
61--70% |
40% |
|
71--80% |
30% |
|
81--90% |
20% |
|
91--100% |
10% |
3. No density credit shall be allowed for streams or wetlands.
B. Allowed density of sites containing critical areas shall be calculated as follows:
1. Determine the percentage of site area in critical areas and buffers by dividing the total area in required critical areas and buffers by the total site area;
2. Multiply the density credit percentage set forth in subsection A of this section by the site area in critical areas and buffers to determine the effective critical area; and
3. Add the effective critical area to the site area not in critical areas or buffers. The resulting acres shall be considered the effective site area for purposes of density calculation, and shall be treated the same as the site area for purposes of determining the allowable dwelling units pursuant to UDC 5.03. (Ord. 1195 §2 (Att. A), 2021).
17.28.072 Lot coverage calculation.
Lot coverage shall be calculated by combining total square footage of impervious surfaces and building coverage as defined in UDC 2.02(B)(10) and UDC 2.02(I)(1). Lot coverage shall be expressed as a percentage of the total lot area. (Ord. 1195 §2 (Att. A), 2021).