Chapter 17.58
NONCONFORMING USES
Sections:
17.58.030 Nonconforming applicability.
17.58.060 Nonconforming buildings/ structures.
17.58.070 Nonconforming mineral extraction.
17.58.080 Procedures for reconstruction – Change of use – Expansion.
17.58.100 Completion of a building/structure/ activity.
17.58.110 Nonconforming manufactured home park.
17.58.010 Purpose.
The purpose of this chapter is to address the legal status of nonconforming uses, buildings/structures or lots by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated. Ultimately it is the intent of this chapter to encourage the discontinuance or termination of nonconformity and the changing of a nonconformity to a conforming or more conforming use, building, or lot. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.020 Establishment.
The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such alleged nonconformity and not upon the city. Determination of the nonconforming status of a lot, use, building or structure is an administrative function of the mayor or his/her designee (director). Property owners asserting nonconforming status shall submit such information as the director deems necessary to substantiate or document the claim to the nonconformance. Documentation submitted by the property owner must ascertain the date the nonconformity was established and that it conformed to the applicable development regulations in effect at that time. Documentation may consist of such historical items as utility statements, property tax bills, real estate contracts, leases, building permits, dated photographs, newspaper clippings and other relevant documentation, when applicable. Unsubstantiated anecdotal evidence cannot be accepted for the determination of nonconforming status. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.030 Nonconforming applicability.
A. Provisions contained within this chapter do not supersede or relieve a property owner from compliance with:
1. The requirements of the uniform codes adopted pursuant to RIMC Title 15; and
2. The provisions of the development regulations that are beyond the specific nonconformance addressed by this chapter.
B. Single residential dwellings lawfully permitted and established within a commercial district prior to adoption of this chapter may be maintained, repaired, or reconstructed in accordance with the provisions of this chapter, provided the dwelling meets the applicable standards of Chapters 17.16 and 17.20 RIMC.
C. The sale or transfer of a nonconforming use or building/structure does not alone affect the right to continue the nonconforming use or use of a nonconforming building/structure.
D. Buildings/structures, lots, required improvements, uses and/or developments which were not legally established or existing as of the effective date of the ordinance adopting this title retain their illegal status and must be abated or fully conform and comply with the procedural and substantive provisions of the RIMC.
E. The term “nonconforming use” refers only to a single existing use and does not include all uses which the property could have been used for under a prior zoning ordinance or zoning classification. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.040 Nonconforming lot.
In any district, any permitted use or building/structure may be erected on a nonconforming lot of record, existing on the effective date of the ordinance codified in this title, if the use is permitted in that district and the lot was created in conformance with the development regulations existing at the time of creation. This provision shall apply even though such lot fails to meet the requirements for lot area or width, or both, that are generally applicable in the district. The building/structure shall conform to all other current regulations of the zoning district in which such lot is located, including without limitation, required yards/ setbacks, lot coverage, density, parking, storm drainage, landscaping, access and road improvement. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.050 Nonconforming use.
A. Generally. A nonconforming use lawfully established under the RIMC and which became or becomes nonconforming by amendment to this title may continue as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions of RIMC 17.58.020 and 17.58.080.
B. Continuation when Damaged or Destroyed. The following provisions shall apply when a nonconforming use is damaged, demolished or destroyed by any means:
1. When a nonconforming use and associated building/structure are damaged by any means, and reconstruction costs do not exceed 75 percent of the value of the building/structure determined by using the most recent ICBO construction tables, the nonconforming use may be replaced as it was prior to the damage. If the building/structure was also nonconforming, the building/structure may be rebuilt as it was immediately prior to the damage or in a manner that is more conforming in accordance with RIMC 17.58.060(C).
2. When the reconstruction costs of a nonconforming use and associated building/structure exceed 75 percent of the value of the building/structure determined by using the most recent ICBO construction tables, the hearing examiner shall determine whether or not the nonconforming use shall be allowed to continue in accordance with the provisions of RIMC 17.58.080. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.060 Nonconforming buildings/ structures.
A. Generally. Any legal nonconforming building/structure may continue so long as it remains otherwise lawful. A nonconforming building/structure other than a required site improvement may be included in and/or changed as a part of any development, or modification to development, subject to review and approval under the procedures and provisions of this title; provided, that nothing in this section shall authorize the expansion or change of a nonconforming structure except as otherwise provided for in this chapter. Required site improvements, including parking and signs, are subject to the more specific policies on nonconforming parking and signs in Chapters 17.42 and 17.46 RIMC, respectively, which shall govern and control.
B. Maintenance of a Nonconforming Building/Structure. Nothing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming building/structure, including the replacement of walls, fixtures and plumbing; provided, that the value of work and materials in any 12-month period does not exceed 25 percent of the value of the building/structure prior to such work determined by using the most recent ICBO construction tables. This chapter is not intended to apply to the rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units or physically expand the building/structure.
C. Reconstruction of a Nonconforming Building/Structure when Damage Does Not Exceed 75 Percent of Its Value. When a nonconforming building/structure is damaged, demolished or destroyed by any means and reconstruction costs do not exceed 75 percent of the value of the building/structure determined by using the most recent ICBO tables, the department may issue a development permit(s) allowing the building/structure to be rebuilt as it was immediately prior to the damage or in a manner that is more conforming; provided, no reconstruction of a nonconforming building/structure shall be performed without issuance of a development permit(s) as appropriate. The property owner shall provide the information necessary to reasonably assure the review authority that the reconstruction complies with this section. The review authority may approve reconstruction in conformance with the submitted and verifiable plans or in a manner that is more conforming to the applicable provisions of the RIMC and the district in which the building/structure is located. If the review authority determines that the proposed reconstruction amounts to an expansion of the nonconforming building/structure, the owner must file an application for review by the hearing examiner under the provisions of RIMC 17.58.080.
D. Reconstruction of a Nonconforming Building/Structure when Damage Exceeds 75 Percent of Its Value. The following provisions shall apply when the reconstruction costs for a damaged, removed, demolished or destroyed nonconforming building/structure exceeds 75 percent of its value determined by using the most recent ICBO construction tables:
1. When a damaged, removed, demolished or destroyed nonconforming building/structure was used for an approved or existing use, any reconstruction of the building/structure shall occur in accordance with the provisions of this title and other applicable development regulations of the RIMC.
2. When a damaged, removed, demolished or destroyed nonconforming building/structure was used for a nonconforming use, it may be replaced as it was before or in a manner that is more conforming upon approval by the hearing examiner in accordance with RIMC 17.58.080.
E. Expansions to structures that are nonconforming with respect to a required yard may not encroach any further into the required yard, and are limited to extensions adding no more than 25 percent of the length of the existing wall, subject to other applicable requirements of the RIMC. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.070 Nonconforming mineral extraction.
A. Nonconforming mineral extraction and/or mining may continue operations, provided the following provisions have been submitted for review by the mayor or his/her designee:
1. Documentation verifying the nonconformity asserted;
2. Site, grading and operation plans disclosing the boundaries of the mineral extraction operation, phasing plan, and restoration plan.
B. The expansion of mineral extraction areas including the enlargement of the perimeter boundary, change in access or addition of processing shall be permitted only upon the review and approval of the hearing examiner in accordance with this chapter. Requests for expansion are classified pursuant to RIMC 14.08.050 and subject to the standards of RIMC 17.50.170. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.080 Procedures for reconstruction – Change of use – Expansion.
The following procedures shall be followed to change a nonconforming use to a different nonconforming use, expand a nonconforming use throughout a building/structure, expand a nonconforming structure or use throughout a lot or onto an adjoining lot, or replace a nonconforming use and/or building/structure damaged by any means beyond 75 percent of its predamaged value as determined by using the most recent ICBO construction tables:
A. Applications submitted under this section are classified for quasi-judicial review described in RIMC 14.08.050.
B. The hearing examiner may grant the relief requested if he/she finds all of the following:
1. That the expansion, change, reconstruction or replacement requested would not be contrary to the public health, safety or welfare;
2. That the proposed expansion, change, reconstruction or replacement is compatible with the character of the neighborhood and, in the case of an expansion or change, does not significantly jeopardize future development of the area in compliance with the provisions and the intent of the zoning district;
3. That the significance of the hardship asserted by the applicant is more compelling than, and reasonably overbalances, the public interest resulting from the denial of the relief requested;
4. That the use or building/structure was lawful at the time of its inception;
5. That the nearby properties will not be significantly adversely impacted by approving the requested expansion, change, reconstruction or replacement.
C. The hearing examiner shall deny the proposed expansion, change, reconstruction or replacement if he/she finds that one or more of the provisions in subsection B of this section are not met.
D. When approving a change in, or the expansion, reconstruction or replacement, of a nonconforming use or building/structure, the hearing examiner may attach conditions to the proposed change, expansion, reconstruction or replacement or any other portion of the development in order to assure that the development is improved, arranged, designed and operated to be compatible with the objectives of the comprehensive plan, applicable development regulations and neighboring land uses and transportation systems. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.090 Discontinuance.
A. A nonconforming use or building/structure shall be discontinued when it is:
1. Succeeded by another use or building/structure that is more conforming;
2. Discontinued and not re-established within six months;
3. Damaged and a complete application for reconstruction or replacement is not made within six months of such damage;
4. Damaged, demolished, removed or destroyed, by any means, to the extent that reconstruction or replacement costs exceed 75 percent of its value determined by using the most recent ICBO construction tables and the reconstruction or replacement of the nonconforming use and/or building/structure is denied by the hearing examiner in accordance with the provisions in RIMC 17.58.080.
B. When a nonconforming use becomes discontinued, it shall be deemed that such use has ceased to exist and thus loses its status as a legal nonconforming use. Any subsequent use shall conform to the provisions of the district in which it is located. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.100 Completion of a building/ structure/activity.
Nothing contained in this chapter shall require any change in plans, construction, alterations, or designated uses of a building/structure specified in a complete application for a development permit submitted prior to the effective date of the ordinance codified in this title. Improvements and uses authorized by a signed document of the city council, or any permit issued by the city prior to the effective date of the ordinance codified in this title, may be developed as set forth in the permit. If the permit becomes invalid prior to development of improvements or uses, the provisions of this chapter shall then be in full force and effect on the subject property. (Ord. 07-093 § 1; Ord. 99-025 § 2).
17.58.110 Nonconforming manufactured home park.
The city recognizes there are existing nonconforming manufactured home parks on the effective date of the ordinance codified in this title, which for the purposes of this chapter are defined as containing three or more manufactured homes on a rent or lease basis and operated as a single development. In the event manufactured home(s) within these nonconforming manufactured home parks are removed, damaged or destroyed, the owner of the manufactured home park may replace or repair the manufactured home(s); provided, that the total number of manufactured homes does not exceed the total number of manufactured homes in place or lots ready to be sited with manufactured homes on the effective date of the ordinance codified in this section. (Ord. 07-093 § 1; Ord. 99-025 § 2).