§ 19.98

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.