Chapter 14.80 — NONCONFORMING BUILDINGS, STRUCTURES AND USES

Existing uses, buildings and structures which do not conform to the regulations of the zone in which they are located shall be subject to the regulations in this chapter, in addition to general regulations contained in other chapters of this title. This chapter is intended to permit the continued operation of such uses, buildings and structures, while encouraging the eventual abatement of nonconforming uses and buildings.

(Formerly 14.45.010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Nonconforming buildings, structures, or uses"

means buildings, structures, or uses which, when erected or established, complied with all the applicable provisions of this title or prior planning and zoning regulations, but which presently fail to conform to one or more current provisions. This definition also includes buildings, structures or uses legally existing and located in the unincorporated territory which, upon annexation to the city, do not comply with the provisions of this title.

(Formerly 14.45.020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

Buildings, structures and uses which did not conform to the applicable provisions of this title or prior planning and zoning regulations when established are violations of this title and subject to the provisions of Chapter 14.10 BMC. No right to continue occupancy of property containing such a

building, structure, or use is granted by this chapter. Such activity shall not be lawfully permitted to continue unless all permits and entitlements required by this title are obtained. (Formerly 14.45.030; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

Nonconformities include:

• (1) Nonconforming buildings or structures;

• (2) Nonconforming use or activity within a nonconforming building or structure;

• (3) Nonconforming use or activity within a conforming building or structure;

• (4) Nonconforming use or activity upon land containing no buildings or only structures incidental to the use of the land;

• (5) Nonconformance with development standards;

• (6) Uses that require a use permit which were not established in accordance with Chapter 14.60 BMC.

(Formerly 14.45.040; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

A building, structure or part thereof which does not conform to the regulations for the zone in which it is situated, but for which a building permit, use permit or variance was issued and exercised prior to the applicability of such regulations to the property, may be completed; provided, that work is pursued continuously and without delay. Such building, structure or part thereof shall be deemed to be a nonconformity and shall thereafter be subject to the restrictions set forth in this chapter. For purposes of this section, the provisions of BMC § 14.30.100(2) and (3) shall govern the determination of whether the permit or variance has been exercised. (Formerly 14.45.050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

Except as permitted in BMC § 14.80.090 , a nonconformity shall not be enlarged, expanded, or intensified:

• (1) To occupy a greater area, either on the same or on any adjoining parcel of land;

• (2) To other parts of a building when the nonconformity occupies a part of such building;

• (3) By use of nonadjoining land for parking, storage or other accessory or incidental uses;

• (4) By any other change in the nonconformity which has a significant impact upon the use and enjoyment of any other property in the area.

(Formerly 14.45.060; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

Except as permitted by BMC § 14.80.090 , a nonconforming use shall not be changed to another nonconforming use. Change of a nonconforming use to a conforming use shall be deemed an

abandonment of the nonconforming use. (Formerly 14.45.070; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

• (1) Only such repairs as are a part of normal, necessary maintenance shall be permitted in nonconforming buildings or structures.

• (2) Repairs shall not exceed 15 percent of the replacement value of the building or structure in any one year.

• (3) Structural alterations other than repairs shall not be permitted in buildings or structures in which a nonconforming use exists.

• (4) Notwithstanding subsections (1) , (2) and (3) of this section, all repairs or alterations otherwise required by law shall be permitted.

• (Formerly 14.45.080; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

• (1) Notwithstanding any other provision of this chapter, the planning commission may issue a use permit to authorize an addition, enlargement or relocation of a nonconforming building, structure, or use, or to authorize a change of a nonconforming use to a similar or less intensive nonconforming use. Such permits may only be issued upon a determination that the benefit to the public health, safety or welfare exceeds any detriment inherent in such change.

• (2) The procedural and substantive requirements for any hearing to consider changes to a nonconformity as provided in this section shall be the same as those for a use permit provided in Chapter 14.60 BMC. Both the standards in this section and the standards in Chapter 14.60 BMC must be satisfied before an application for a change to a nonconformity may be approved.

• (Formerly 14.45.090; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

• (1) The discontinuance or cessation of the legal nonconforming use of any parcel of real property or any building or structure located thereon for a continuous period of one year shall terminate all rights in such nonconformity.

• (2) Where a nonconforming use requires a city of Biggs business license, failure to maintain a current city business license for the nonconforming use shall be considered a discontinuance of use. Failure to maintain a city business license for such a legal nonconforming use for a period greater than one year shall terminate all rights in such nonconformity.

• (Formerly 14.45.100; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

If a nonconforming building or structure, or a conforming building or structure used for a nonconforming use, is damaged, destroyed, or demolished, the right to continued occupancy shall cease; provided, however, that such building or structure may be repaired or rebuilt and reoccupied as follows:

• (1) If the cost of repairing or replacing the damaged portion of the building or structure does not exceed 75 percent of the total replacement value of the building or structure, the building or structure may be restored and the use continued; provided, that such restoration is started within one year of the date of damage or destruction and is diligently pursued to completion.

• (2) If the cost of repairing or replacing the damaged portion of the building exceeds 75 percent of the total replacement value of the building or structure, a use permit shall be required to authorize the restoration and continue the use. A use permit shall be issued if it can be determined that the benefit to the public health, safety or welfare exceeds any detriment inherent in the restoration. The procedural and substantive requirements for any hearing to consider restoration of a nonconforming building or structure shall be the same as those for a use permit provided in Chapter 14.60 BMC. Both the standards in this section and the standards in Chapter 14.60 BMC must be satisfied before an application allowing restoration of a nonconformity may be approved.

(Formerly 14.45.110; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

In the event that a legal nonconforming use or building is found to constitute a public nuisance, nothing in this chapter shall be construed to permit the retention of such nonconforming use or building. The city attorney may, with the consent of the city council, commence an action or proceeding for the abatement and removal of such nonconforming use or building. (Formerly 14.45.120; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)