Commerce Municipal Code Div. 1 General

The purpose of this Chapter 19.37 is to set forth zoning provisions regulating nonconforming uses, structures, and lots within the city and to provide for the transition of all nonconforming uses, structures, and lots in such a way that the interest of the community in improving the health, safety, and welfare of all residents is achieved without creating an economic hardship for individual property owners.

(Ord. 544 § 1(part), 2000).

A. The regulations in this Chapter 19.37 shall apply to all existing nonconforming uses, structures, and lots as defined in Chapter 19.45 (Definitions) of this Title 19, and to any use, building, structure, or lot made nonconforming upon adoption of this and subsequent ordinances.

B. Whenever a use, structure, development standard, or lot becomes nonconforming because of a change of zone boundaries or a change of regulations for the zone in which it is located, the period of time prescribed in this chapter for the elimination of the use or compliance with development standards shall be computed from the date of the notice of the nonconformity following the effective date of the change of zone boundaries or regulations.

(Ord. 544 § 1(part), 2000).

A. No existing use of land or structure shall be deemed nonconforming solely because of the lack of off-street parking required by this Chapter. See also Division 4 of this Chapter 19.37.

B. No residential dwelling shall be deemed nonconforming solely because it does not meet required off-street parking or side yard setbacks; provided, it complies with the side yard setback requirements in effect at the time a building permit was issued for its construction.

C. An existing use shall be deemed a "legal nonconforming use" if prior to its establishment, the required permits were obtained (for example, a building permit, conditional use permit, etc.).

D. Structures and uses not having acquired the proper permits shall be considered illegal and shall be subject to immediate abatement pursuant to the provisions of Chapter 1.12 of the Commerce Municipal Code.

(Ord. 544 § 1(part), 2000).

A. A legally established and existing nonconforming use or structure may continue to be used until such time it is required to be abated, as set forth in this Chapter 19.37; provided, no alterations, expansions, or modifications, or area or use are made, except as otherwise permitted by this chapter.

B. Routine maintenance and repairs may be performed on a structure or site when the use is nonconforming, and on a nonconforming structure.

(Ord. 544 § 1(part), 2000).

Restrictions and conditions affecting nonconforming uses, structures, and lots shall apply to the existing use, building, and structures, and shall not be affected by ownership changes.

(Ord. 544 § 1(part), 2000).

A. Whenever the use, maintenance, or continuation of nonconforming conditions or a nonconforming use is granted through the means of conditional use permit, variance, site plan review, extensions, expansions, or other approved changes, the same may be revoked by the planning commission whenever the planning commission finds:

1. That the terms or conditions of any conditional use permit, variance, site plan review, extension, expansion, or other approval are being violated; or

2. That the condition or use of the property constitutes a public nuisance; or

3. That the health, safety, or general welfare of the surrounding property owners or residents is being threatened by the continuation of such nonconforming use or condition.

B. The revocation process may be initiated by the order of the community development director in accordance with the provisions outlined in Division 6 (Abatement Proceedings) of this chapter.

(Ord. 544 § 1(part), 2000).

Any nonconforming use or structure continuing beyond the date for abatement set by the planning commission shall be deemed a public nuisance, subject to abatement thereof and prosecution either through civil or criminal action, pursuant to Chapter 1.12 of the City of Commerce Municipal Code.

(Ord. 544 § 1(part), 2000).

Nothing in this Chapter 19.37 pertaining to nonconforming uses, structures, and lots shall be construed or applied so as to require the termination or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or rebuilding of public service and public utility buildings, structures, uses, equipment, and facilities; provided, that there is no change or increase of those areas to be used.

(Ord. 544 § 1(part), 2000).