Bradbury Municipal Code Ch. 10 Nonconforming Uses, Structures, and Parcels

The following regulations shall apply to all nonconforming uses, buildings or structures, located within any zone in the City. This chapter only applies to legal nonconforming uses.

(Ord. No. 297, § 9.02.030.010, 3-20-2007)

So long as a nonconforming use, building or structure exists upon any lot, no new use, building or structure may be established or constructed thereon, except as hereinafter expressly provided.

(Ord. No. 297, § 9.02.030.020, 3-20-2007)

(a) Continuation of nonconforming uses, buildings and structures. Each and every nonconforming use, building or structure may be continually utilized and maintained, subject to the provisions of this chapter and for the time period set forth in this chapter, provided that no alteration, addition or enlargement as to any such use, building or structure shall be permitted, except as otherwise expressly provided herein.

(b) Repair and maintenance.

(1) Ordinary repair and maintenance. The ordinary repair and maintenance of a nonconforming building or structure shall be permitted, provided that the cost thereof shall not exceed, in any calendar year, an aggregate total of 50 percent of the then assessed value of the building or structure.

(2) Eminent domain. The repair, reconstruction or remodeling of any building or structure shall be permitted where part of such building or structure is taken for any public use by condemnation, dedication or purchase by any agency having the power of eminent domain. Such reconstruction, alteration or repair shall be limited to that necessary to render the said building or structure reasonably safe for continued use.

(3) Conforming buildings. This section shall not be construed to place any limitation upon any reconstruction, repair or remodeling deemed appropriate by the property owner where the building or structure is conforming, but the use thereof is not.

(4) Partial destruction. Where any nonconforming building or structure is damaged or partially destroyed by fire, explosion, Act of God, or any other casualty, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty, provided that:

a. The aggregate total reconstruction cost does not exceed a sum equal to twice the then assessed value of the building or structure;

b. All such construction and/or repair work shall be completed within a period of one year from and after the date of the occurrence of the casualty.

(5) Assessed value. For the purpose of this section, the term "assessed value" means the then assessed value of the building or structure as shown on the current assessment role in effect at the time of the occurrence of such casualty, or, the time of the maintenance and repair.

(c) Permitted alterations and/or additions to nonconforming buildings and structures. Nothing in this chapter shall be deemed to prevent the extension, expansion, construction, reconstruction or enlargement (hereinafter "work") as to a nonconforming building or structure under any of the following conditions:

(1) Elimination of nonconformity. Such work shall be permitted in order to render the use, building or structure in conformity with the provisions hereof;

(2) Compliance with laws. Such work shall be permitted in order to comply with any law enacted subsequent to the adoption of the provisions of this chapter, other than development code regulations;

(3) Nonconformity; parking facilities, residential uses. Such work shall be permitted as to any residential use which is nonconforming solely by reason of a lack of off-street parking facilities, without complying with the off-street parking requirements hereof if such work does not result in additional units being constructed upon the lot. If such work does not result in the addition of residential units, then compliance shall be had with the off-street parking requirements of this title for all such units located upon such lot, including new or additional units; or

(4) Reconstruction. Such work shall be permitted to replace a nonconforming building or structure in its entirety, or in part at a cost that exceeds 50 percent of its then assessed value, provided that the new building or structure does not change or intensify the previous use.

(d) Effect of work.

(1) Accomplishment of any work permitted pursuant to Subsection (c) of this section, or repair or maintenance, permitted pursuant to Subsection (b) of this section, shall not be construed so as to extend the termination date of the nonconforming use, building or structure to which the same relates.

(2) Prior to the issuance of a building permit, the owner of the property shall submit a statement, in writing, to the City declaring that the accomplishment of any permitted work pursuant to Subsection (b) or (c) of this section shall not extend the termination date of the nonconforming use, building or structure to which the same relates, so that the new building or structure shall have the same termination date as the building or structure that was replaced.

(e) Exemption and exceptions.

(1) Buildings or structures under construction. Any building or structure for which a valid lawful building permit has been issued, and is in force prior to the operative date of these regulations, or any amendment hereto, which enactment has the effect of rendering said building or structure nonconforming, may be completed and utilized provided that the same is completed in accordance with the plans and specifications based upon which such building permit was issued.

(2) Public utilities exempt. The foregoing provisions of this chapter concerning the required removal of nonconforming buildings and structures partially destroyed shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service or distribution of a utility, such as steam electric generating stations, electric distribution and transmission substations, communications equipment buildings, water wells and pumps, gas storage, metering and valve control stations; nor shall any provision of this chapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and facilities, as are used directly for the delivery of or distribution of the service, provided that this section shall not exempt such uses from the provisions hereof covering nonconformity of such buildings, structures or uses, as to those not immediately related to the direct service to consumers, such as warehouses, storage yards and the like.

(3) Public acquisition. Whenever any lot, building or structure or portion thereof is rendered nonconforming, within the meaning hereof, solely by reason of dedication to, or purchase by, a public agency for any public purpose or eminent domain proceedings, the same shall not be deemed nonconforming within the meaning of this chapter, provided that if, subsequent to such acquisition, the buildings and/or structures located upon such lot are wholly destroyed, no reconstruction shall take place unless compliance is had with all of the provisions thereof.

(Ord. No. 297, § 9.02.030.030, 3-20-2007)

Nonconforming uses, buildings or structures shall be subject to abatement and termination of usage, in the manner hereafter described in this section.

(1) Termination; violation of law; change of use. Whenever any of the following facts are found by the City Council to exist with reference to a nonconforming use, building or structure, the same shall automatically be deemed abated and usage thereof shall forthwith be terminated, except as otherwise herein expressly provided:

a. Violation of any applicable law;

b. A change from a nonconforming use to another nonconforming use;

c. An increase or enlargement of the area, space or volume of the building, structure or land occupied by, or devoted to a nonconforming use, except as otherwise herein provided;

d. A change from a nonconforming use to a conforming use; or

e. Abandonment of a nonconforming use. Whenever such use has been discontinued for any reason whatsoever for a period of six months or more, there shall arise a rebuttable presumption that there has been an intent by the owner to abandon such use.

(2) Termination by operation of law. Nonconforming buildings, uses and structures shall be abated and such usage thereof shall be terminated upon the expiration of the periods of time indicated hereinafter in this subsection. Said periods of time shall be deemed to commence to run as of the date that such use, building or structure first became nonconforming by reason of the application thereto of the development code of the City:

a. Where the property is unimproved, except for structures of a type for which the City's building regulations do not require a permit, one year;

b. Where the property is unimproved except for buildings or structures which contain less than 500 square feet of gross floor area, three years;

c. Where the total assessed valuation of all improvements on the property at the time the improvement or use first became nonconforming by reason of the application of this development code is $500.00 or less, three years;

d. Signs:

1. Billboards or outdoor advertising structures, ten years after date of construction, or five years after becoming nonconforming, whichever is later;

2. Portable signs, banners, cloth signs and paper signs, 90 days;

3. Painted wall and window signs, six months;

4. All other signs, ten years after date of construction or five years after becoming nonconforming, whichever is later;

e. A nonconforming use of a conforming building or structure, five years; and

f. Nonconforming buildings and structures shall be abated, and the usage thereof terminated, within the periods of time as herein set forth, based on the building type as defined in the building regulations of the City, as follows:

1. Type I and II buildings: 25 years;

2. Type III buildings: 20 years;

3. Type IV buildings: ten years;

4. Type V buildings: 15 years.

(3) Order of abatement. Where any one of these facts set forth in Subsection (1) of this section are found to exist by the City Manager, or where the City Manager finds that the abatement period, as to a building, structure or use, as set forth in Subsection (2) of this section, has expired, the City Manager shall give a written order of abatement to the owner and to the person in possession of the property, if any. For the purposes of this chapter, an owner means any person with a legal or equitable interest in and to real property, except for the purposes of Subsection (2)d.2 and 3 of this section only, when notification of the owner, as shown on the last equalized assessment rolls, and the occupant of the building shall be deemed to be adequate notice. Said order shall be deemed final and conclusive, and shall be complied with, within 30 days after the mailing thereof, in the absence of an appeal, as hereinafter provided.

(4) Appeals. An appeal may be filed with the City Clerk within 30 days after the mailing of such order by the City Manager. Any person who is the owner, or has possession of the property to which such order relates, may file an appeal. Upon receipt of an appeal, the City Council shall conduct a hearing thereon at a public meeting; notice thereof shall be mailed at least ten days before the hearing to the appellant and the owner of the property and any persons in possession of the property. At the time and place set for the hearing, the City Council shall give the appellant a reasonable opportunity to be heard; the City Council may consider any applicable staff report in order to determine the question of whether the said use, building or structure has lost its nonconforming status pursuant to the provisions hereof. The City Council's decision shall be final and conclusive.

(Ord. No. 297, § 9.02.030.040, 3-20-2007; Ord. No. 375, § 4, 5-18-2021)

Notwithstanding the provisions of this Code, none of the uses set forth in Chapter 49 for which a conditional use permit is required which were lawfully in existence as of the effective date of these regulations, shall be deemed "nonconforming" solely by reason of the application of Chapter 49 et seq., thereto, provided that:

(1) If the buildings or structures utilized by any such use are, at any time, partially destroyed, within the meaning of Section 9.10.030(b)(4); or

(2) If there is any enlargement or expansion of such buildings, structures or uses, not otherwise permitted by Section 9.10.030(c);

Then such uses shall either be processed and granted as a conditional use permit hereof or be terminated.

(Ord. No. 297, § 9.02.030.050, 3-20-2007)

A nonconforming building or structure or a building or structure on a nonconforming lot that is accidentally damaged or destroyed, such as by fire, earthquake or other calamity, including any building or structure containing a nonconforming use prior to the occurrence of such damage or destruction, may be reconstructed, provided that each of the following are satisfied:

(1) Such reconstruction shall comply with and is permitted by the building code;

(2) All such reconstruction shall be started within two years from the date of damage and shall be pursued diligently to completion;

(3) Reconstruction shall not extend the termination date for nonconforming uses specified in this title and shall not increase or intensify the degree of nonconformity of the use; and

(4) The footprint and building envelope of the new building or structure shall be the same as that of the former building or structure which is being replaced. However, if the proposed structure or building exceeds or deviates from the footprint or envelope of the original structure, the building or structure shall be subject to all applicable requirements and discretionary approvals set forth in this Code.

(Ord. No. 297, § 9.02.030.060, 3-20-2007)