Chapter 18.210
NONCONFORMING LOTS, STRUCTURES, AND USES

Sections:

18.210.010    Purpose and intent.

18.210.020    Illegal uses, structures, and lots not permitted.

18.210.030    Legal nonconforming uses, structures, and lots.

18.210.040    Nonconforming lots.

18.210.050    Nonconforming structures.

18.210.060    Nonconforming uses.

18.210.070    Sale of a nonconforming structure.

18.210.010 Purpose and intent.

This chapter provides for the regulation of lots, structures, and uses, that do not comply with the provisions of this title and specifies the circumstances, conditions, and/or procedures under which these nonconformities may be permitted to continue and expand.

A. It is the intent of the city, when administering this chapter, to preserve the historic character of the community. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.210.010)), 2010.]

18.210.020 Illegal uses, structures, and lots not permitted.

Structures, lots, site improvements, uses, and/or development activities which were not legally established or conducted, as determined by the city, must fully conform and comply with the procedural and substantive provisions of this title or be abated; provided, that:

A. The burden of documenting that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the city. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.210.020)), 2010.]

18.210.030 Legal nonconforming uses, structures, and lots.

Uses, structures, and lots that do not currently conform to the city’s development regulations but were legally created in conformance with the city’s development regulations in effect at the time they were created shall be considered legal nonconformities and may be continued subject to the provisions of this title.

A. Continuation of a Legal Nonconformity. Any legal nonconforming lot, structure, or use may continue as long as it remains otherwise lawful. Any change or expansion of a legal nonconforming lot, structure, or use shall be made in accordance with the provisions of this title.

B. A nonconforming use or structure shall be discontinued and may not be reinstated when:

1. Succeeded by a permitted or conditional use; or

2. Succeeded by an approved lot, structure, or use that is less nonconforming, as determined by the city; or

3. The use has been vacated or discontinued and not reestablished within 18 months as determined by the city. 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 zoning district in which it is located; or

4. A nonconforming structure (or a structure containing a nonconforming use) is destroyed by any cause to an extent exceeding 75 percent of its replacement value or its fair market value as indicated by the records of the county assessor. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.210.030)), 2010.]

18.210.040 Nonconforming lots.

A legal nonconforming lot which does not meet the minimum lot size requirements for the zoning district in which it is located may be developed; provided, that:

A. It meets all other requirements of this title and/or has obtained a variance; or

B. A reasonable use exception has been obtained in accordance with the provisions of this title. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.210.040)), 2010.]

18.210.050 Nonconforming structures.

A legal nonconforming structure may be maintained, repaired, improved, remodeled, and/or reconstructed; provided, that:

A. Maintenance of a Nonconforming Structure. Nothing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming structure, including the replacement of walls, fixtures and plumbing; provided, that:

1. The value of work and materials in any 12-month period does not exceed 50 percent of the value of the structure; provided, that if it exceeds 50 percent an application can be made for a variance using the most recent IBC construction tables prior to such work; and

2. The activities are not subject to architectural or historic register design review.

B. Repairs and Improvements to a Nonconforming Structure. Legal nonconforming structures may be remodeled, improved, and/or expanded; provided, that the proposed activities:

1. Do not increase the degree of nonconformity;

2. Comply with the city’s architectural or historic register design review standards; and

3. Meet all other applicable city standards and code requirements.

C. Reconstruction of a Nonconforming Structure. When a nonconforming structure is damaged or destroyed to an extent less than 75 percent of its replacement value or its fair market value as indicated by the records of the county assessor, the structure may be rebuilt as it was immediately prior to the damage or in a manner that is less nonconforming as approved by the city; provided, that:

1. No reconstruction of a nonconforming structure shall be performed without the required architectural or historic register design review and the issuance of a building permit.

2. The property owner shall provide the information necessary to reasonably assure the city that the reconstruction being authorized complies with this section. The information provided shall include, but not be limited to:

a. A general site plan showing the actual dimensions of the nonconforming structure, its height, and its exact placement on the lot prior to being damaged; and

Where a nonconforming use is involved, a written narrative describing the use or uses that existed immediately prior to damage.

D. Applications to maintain, repair, improve, remodel, and/or reconstruct a nonconforming structure shall be processed as a Class 1 or Class 2 permit as determined by the city; provided, that:

1. The expansion, change, reconstruction or replacement requested would not be contrary to the public health, safety or welfare; and

2. 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; and

3. The significance of the applicant’s hardship is more compelling than, and reasonably overbalances, the public interest resulting from denial of the relief requested; and

4. The structure was lawful at the time of its construction; and

5. The value of nearby properties will not be significantly depressed by approving the requested expansion, change, reconstruction or replacement; and

6. The proposed expansion, change, reconstruction or replacement does not increase the degree of nonconformity of the structure; and

7. The proposed expansion, change, reconstruction or replacement complies with development standards of the district in which it is located; and

8. The nonconforming structure is occupied by a permitted use; and

9. In the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is 50 percent or less of the existing building area.

E. Applications involving a nonconforming structure shall be processed as a Class 1 or Class 2 review in accordance with the provisions of this title. [Ord. 1073 § 8, 2011; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.210.050)), 2010.]

18.210.060 Nonconforming uses.

Nonconforming uses may be expanded throughout a structure, or changed to a different nonconforming use; provided, that:

A. Application. The application procedures shall be the same as those established for Class 2 uses. A detailed site plan shall accompany any applications required by this section as determined by the city.

B. Conditions for Approval. The planning and historic preservation commission may grant the relief requested if it 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, or reconstruction is compatible with the character of the neighborhood; and 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 applicant’s hardship is more compelling than, and reasonably overbalances, the public interest resulting from denial of the relief requested;

4. That the use or structure was lawful at the time of its inception; and

5. That the value of nearby properties will not be significantly depressed by approving the requested expansion or change. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.210.060)), 2010.]

18.210.070 Sale of a nonconforming structure.

Property classified as nonconforming may be transferred or sold without that fact alone affecting the right to continue the nonconforming use or use of a nonconforming structure. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.210.070)), 2010.]