§ 17.88

A.

These provisions provide for the orderly termination of non-conforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. The intent of this chapter is to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.

B.

Non-conforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that non-conforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.

(Zoning Ord. dated 1/31/06, § 9122.01.)

Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures, and may continue even though they fail to conform to the present requirements of the land use district in which they are located. Legal non-conforming structures may be maintained as follows:

A.

Legal non-conforming structures which are damaged up to one-half (½) or more of the replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of the Zoning Ordinance. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire and earthquake, may be reconstructed up to the original size, placement, and density. However, reconstruction shall be substantially completed within two (2) years of the damage or destruction.

B.

Necessary repairs and desired alterations may be made to legal non-conforming residential structures located in a residential land use district.

C.

Reasonable repairs and alterations may be made to legal non-conforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Chief Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed one-half (½) of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

D.

Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed one-half (½) of the replacement cost of the non-conforming structure over any consecutive five (5) year period.

E.

The replacement cost shall be determined by the Chief Building Official of the City.

F.

Any additional development of a parcel with a legal non-conforming structure will require that all new structures be in conformance with this Zoning Ordinance.

G.

If a structure is permitted but is non-conforming only due to off-street parking or loading standards, expansion of that structure will require that it meet off-street parking or loading standards for the existing structure as well as for the expansion, in conformance with Chapter 17.28, Parking Standards.

H.

If the use of a non-conforming structure is discontinued for a period of 6 or more consecutive calendar months, the structure shall lose its legal non-conforming status, and shall be removed or altered to conform to the provisions of this Development code. A use of a legal non-conforming structure shall be considered discontinued when any of the following apply:

1.

The Director has determined, by whatever means, that the intent of the owner to discontinue use of the non-conforming structure is apparent.

2.

Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of 6 or more consecutive calendar months.

3.

Where there are either no business sales receipts or no business purchase receipts available for the 6 month period.

4.

Where there has been no electrical utility bill paid for the property for the 6 month period.

(Zoning Ord. dated 1/31/06, § 9122.02.)

Non-conforming uses are those which lawfully existed prior to the effective date of this Zoning Ordinance, but which are no longer permitted in the land use district in which they are located. The continuance of legal non-conforming uses are subject to the following:

A.

Change of ownership, tenancy, or management of a non-conforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not increase.

B.

If a non-conforming use is discontinued for a period of six (6) or more consecutive calendar months, it shall lose its legal non-conforming status, and the continued use of the property shall be required to conform

with the provisions of this Zoning Ordinance.

C.

Additional development of any property on which a legal non-conforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.

D.

If a non-conforming use is converted to a conforming use, no non-conforming use may be resumed.

E.

No non-conforming use may be established or replaced by another non-conforming use, nor may any nonconforming use be expanded or changed, except as provided in this chapter.

F.

A nonconforming use located in a commercial or industrial zone may be expanded up to but not exceeding 50 percent of the existing floor area provided the expansion conforms to all other requirements of the zone and subject to the approval of a conditional use permit by the planning commission.

(Zoning Ord. dated 1/31/06, § 9122.03.)

(Ord. No. 1404, § 4, 3-10-09)

17.88.040 - Abatement of non-conforming uses.

Legal non-conforming uses shall be discontinued within the following specified time limits, from the effective date of this Zoning Ordinance:

Table 17.88.040

Abatement Schedule

(Zoning Ord. dated 1/31/06, § 9122.04.)

When any non-conforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

(Zoning Ord. dated 1/31/06, § 9122.05.)

When a property owner, upon request by the City, offers dedication for right-of-way which results in the reduction of a dimension of the property below the minimum property development requirements in the Zoning Ordinance, Council shall make a finding that such dedication is for public purposes and the reduction in minimum required dimension shall not in and of itself, create a nonconformity, pursuant to this Zoning Code.

(Zoning Ord. dated 1/31/06, § 9122.06.)

Nothing contained in this chapter shall be construed or implied as to allow for the continuation of illegal non-conforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of this ordinance regarding the enforcement of provisions, and State Law.

(Zoning Ord. dated 1/31/06, § 9122.07.)

Any lawfully created lot that becomes nonconforming with regard to lot area, lot width, or lot depth may be developed for a structure that would otherwise be allowed in that zone as long as all development standards are met with the exception of lot size or dimension, or a variance is obtained for any standards that cannot be achieved.

(Ord. No. 1510, § 3(2), 9-11-17)

Chapter 17.92 - PLANNED UNIT DEVELOPMENTS