Chapter 19.96 — NONCONFORMING USES

Except as otherwise listed below, a legal nonconforming use may continue indefinitely.

A.

Nonconforming single family uses on Bloomdale Street, Maynard Drive and Park Rose Avenue. Properties on Bloomdale Street, Maynard Drive and Park Rose Avenue which are zoned Commercial but are developed with single-family uses are nonconforming uses, but may continue on the property until a development plan for the property consistent with the General Plan designation of the property is approved. The existing R-1 structures may be repaired and expanded and may be reestablished if damaged subject to compliance with standards provided in the R-1 Zone.

B.

Nonconforming use eligible for conditional use permit or other approval. Any nonconforming use that is eligible to be considered for a Conditional Use Permit, Minor Use Permit, or other discretionary approval under this Development Code shall be considered to be a nonconforming use unless and until such permit or other such approval is granted.

C.

Modifications and extensions to legal nonconforming uses.

1.

A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope upon the date the nonconformity was created, except as specified below.

a.

The changes are, in and of themselves, in conformance with the provisions of this Development Code.

b.

The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

c.

The changes are required by other laws.

d.

The changes are incident to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

2.

No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.

D.

Discontinuance of legal nonconforming use.

1.

If any legal nonconforming use is discontinued for a period of 180 consecutive days or more, subsequent use of the land shall be in conformity with the provisions of this Development Code. Maintenance of a valid business license shall of itself not be considered a continuation of the use.

2.

This section shall not apply to any use for which a different period of discontinuance or abandonment is specified under other provisions of this Development Code.

Chapter 19.98 - ABATEMENT/EXTENSION OF NONCONFORMING USES/STRUCTURES

Sections:

The Abatement/Extension of Nonconforming Uses/Structures process is established to provide a means by which to establish the period within which a nonconforming use or structure must comply with current regulations of this Development Code, and to allow for the extension of such abatement period.

All uses and structures determined by the Director to be nonconforming shall require a hearing before the Commission to establish the appropriate abatement period. Abatement periods may be extended by the Commission. Early termination of a nonconformity may be initiated by order of the Commission or Council for public health, safety, and welfare purposes. Such actions shall be processed in pursuant to standard procedures in this Article 8 (Development Code Administration) and Chapter 19.90 (General Nonconforming Provisions).

A.

Abatement. In establishing the amortization period for a nonconforming use and/or structure, the Commission shall consider competent financial data such as 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 requires a deviation from the provisions of this Development Code.

B.

Extension. To grant an extension to the abatement period for a nonconformity, the Commission shall find that an unreasonable hardship would otherwise be imposed on the property owner if such an extension were not granted.

C.

Conditions. The Commission may impose conditions to ensure maintenance of an equitable balance of the public interest and the interests of the property or business owner.

Chapter 19.100 - OTHER SPECIFIC NONCONFORMING PROVISIONS

Sections:

19.100.010 - Nonconformities regarding parking and loading.

A.

Parking spaces and improvements. Any nonconformity with respect to parking spaces or improvements may continue indefinitely, subject to compliance with Section 19.38.070 (Waiver of Parking Requirements for Lots with Nonconforming Parking), except that with any change, expansion, or intensification of use, the additional parking required for such change, expansion, or intensification shall be fully conforming.

B.

Loading spaces. Any nonconformity with respect to loading areas may continue indefinitely, except that with any change, expansion, or intensification of use, the additional loading areas required for such change, expansion, or intensification shall be fully conforming.

C.

Parking lot landscaping. Upon a review for any expansion, intensification, or reconfiguration of an existing parking lot, the designated Review Authority may require that any nonconformity with respect to interior landscaping and landscaped yards along streets and alleys for parking lots be made conforming to the fullest extent feasible.

19.100.020 - Nonconformities regarding garages.

A.

Any lawfully created use that becomes nonconforming with regard to garages, including but not limited to the number of parking spaces, may continue indefinitely with such nonconformity as long as such use continues as permitted. However, upon any change in land use, occupancy, or expansion of the use or structure, adequate off-street parking shall be provided in conformance with the requirements set forth in Chapter 19.38 (Off-Street Parking Regulations and Design) and more specifically, Section 19.38.050.F (Additions to Single-Family Residential with a Garage Containing Fewer than Two Spaces).

B.

Garages that have illegally converted to habitable rooms are strictly prohibited.

Any lawfully created use that becomes nonconforming with regard to landscaping, including, but not limited to, site coverage, parking lot coverage, distribution, installation, or maintenance, may continue indefinitely with such nonconformity as long as such use continues as permitted. However, upon performing any improvements to the lot exceeding 50 percent of the total appraised value of the existing property, as determined by a licensed appraiser, landscaping shall be provided in conformance with the requirements set forth in Chapter 19.40 (Landscaping).

19.100.040 - Nonconformities regarding fencing materials.

A.

Legally established nonconforming fencing material shall be allowed to continue. Where the nonconforming fencing material is to be replaced with a new fencing material, it will be subject to the requirements in Section 19.36.050 (Prohibited Fencing Materials). However, any legal nonconforming chain-link fencing in residential zones shall be subject to abatement within one year of the date that such materials were rendered nonconforming.

B.

Any fences and landscaped buffers that are required along property lines shall be provided at the time of any expansion or intensification of a nonresidential use.

Legally established nonconforming signs shall be allowed to continue, subject to the compliance with Section 19.42.240 (Nonconforming Signs).

19.100.060 - Nonconforming environmental effects.

A.

Off-site impacts. Any nonconformity with respect to environmental effects upon surrounding property (such as lighting or noise) shall be made conforming within three years after the date of becoming nonconforming.

B.

On-site impacts. Any nonconformity with respect to an environmental effect upon the premises where the source of the effect is located may continue indefinitely.

19.100.070 - Nonconformities regarding safety and access.

A.

Corner cutback areas. Nonconforming obstructions to the required clear visibility triangle, including landscaping, fencing, walls, signage, artwork, and similar features but specifically excluding buildings, shall be removed or made conforming within one year after the date of becoming nonconforming. See Section 19.32.030 (Corner Cutback Areas).

B.

Access. Nonconforming driveways or other vehicular access arrangements may continue indefinitely, except that with any expansion or intensification of use, the access serving such expansion or intensification shall be made fully conforming.

Notwithstanding any other provision of this Chapter, any nonconformity which can be made conforming without requiring that a capital expenditure be made or a capital loss incurred shall be made conforming within one year after the date of becoming nonconforming.