§ 19.90

Within the zones established by this Development Code or amendments that may later be adopted, there exists or will exist lots, structures, and uses of land and structures which were lawful before the adoption or amendment of this Development Code, but which no longer comply. The intent of this Article 6 (Nonconformities) is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance. Such uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zones involved, and it is intended that they shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as may be expressly permitted in this Article.

19.90.020 - Establishment of legal nonconforming status.

A.

The provisions of this Article shall regulate the continuation, termination, and modification of lots, structures, and uses which were lawfully established, but which no longer conform to the provisions of this Development Code due to a change in zone boundaries or a change in the regulations for the zone in which it is located. A mere change in ownership or tenancy without any change in use, occupancy, or

development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this Article.

B.

Lots, structures, and uses not having previously acquired proper permits are illegal and subject to immediate abatement.

C.

Any nonconforming situation that becomes specifically authorized under the terms of some approval pursuant to this Development Code, other than approval of an extension, expansion, change, or early termination of nonconformity, shall henceforth be governed by the terms of such approval and shall no longer be considered to be a nonconformity unless and until such approval expires or is revoked.

A.

Continuation. Except as otherwise provided herein, any lot, structure, or use legally in place on the effective date of any ordinance creating the nonconformity may continue as a legal nonconforming lot, structure, or use, respectively.

B.

Maintenance. Routine maintenance and repairs of lots and structures which do not increase the nonconformity may be performed.

Notwithstanding any other provision of this Article, when a nonconformity exists incidental to a nonconforming use, that nonconformity may continue until the time specified for the termination of the nonconforming use, provided such nonconformity is brought into compliance with the regulations that would be applicable to the use if it were located in the most restrictive zone which automatically permits such use.

19.90.050 - Determination, extension, and abatement procedures.

A.

Purpose. This section sets forth provisions for the abatement of lots, structures, and uses deemed to be nonconforming and subject to abatement pursuant to the provisions of this Article.

B.

Authority. The Director shall be the designated Review Authority for determining that a lot, structure, or use is nonconforming, and the Commission shall be the designated Review Authority for action on the abatement procedures and extensions of the nonconforming lots, structures, or uses.

C.

Notice and hearing. Once the Director has determined that a lot, structure, or use is nonconforming, the Director shall provide required notice for hearing and action by the Commission. The purpose of the hearing is to determine whether the nonconformity should be abated, given a specific term prior to abatement, or granted a time extension. Notice and hearing shall be performed and conducted pursuant to Chapter 19.146 (Public Notices and Hearings).

D.

Decision and findings. The Commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, included but not limited to the depreciation schedule attached to the owner's latest federal income tax return. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property requires a deviation from the City's development standards. Findings shall be made in writing and provided to the property owner within 10 days after the decision is rendered.

E.

Appeal. Actions taken by the Commission may be appealed to the Council in accordance with provisions of Chapter 19.144 (Appeals).

F.

Extension of time. The Review Authority, at its discretion, may grant an extension of time for the abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property or business owner.

G.

Revocation of nonconforming use or structure. The City may revoke the right to continue a nonconforming use or structure. Revocation procedures, including notice and hearing, shall be in accordance with provisions of Chapter 19.152 (Permit Modifications and Revocations).

H.

No reversion to nonconformance. When any nonconformity is eliminated or brought into conformance with the current regulations of this Development Code, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored.

Chapter 19.92 - NONCONFORMING LOTS

Sections: