Division 6 — NONCONFORMING LOTS, BUILDINGS, AND USES

Sec. 29-232. - Purpose and intent.

Where buildings, uses or lots which were lawful prior to the adoption of, revision or amendment to this chapter, but which fails by reason to such adoption, revision or amendment, to conform to the present requirements of this chapter, it is the purpose and intent of this division to declare such buildings, uses and lots to be nonconforming and to limit their enlargement, re-establishment after abandonment, or restoration after destruction, for the purpose of protecting the public health, safety, and general welfare.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

A use lawfully occupying a structure or a site, that does not conform with the provisions of this chapter regarding use, property development standards, or performance standards for the zone in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this division.

(b)

A structure, lawfully occupying a site, that does not conform with the property development standards for front yard, side yards, rear yard, height, coverage, or distances between structures, for the zone in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this division.

(c)

Routine maintenance and repairs may be performed on a structure or site when the use or structure has been deemed to be nonconforming.

(d)

An existing legal lot shall not be deemed nonconforming if it does not meet the minimum lot width, depth or lot size for the zone in which it is located.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

No structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as otherwise provided in this division.

(b)

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, nor in such a way as to displace any conforming use occupying a structure or site, except as provided in this division.

(c)

No nonconforming structure shall be altered or reconstructed so as to extend or increase the discrepancy between existing conditions and the property development standards for the zone in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the property development standards for the zone in which the structure is located.

(d)

No use which fails to meet the performance standards of the zone in which it is located shall be enlarged or extended nor shall have equipment replaced that results in failure to meet performance standards unless the enlargement, extension, or replacement will result in elimination of the nonconformity with performance standards.

(e)

An application for a permit to create accessory dwelling units and junior accessory dwelling units shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling units and junior accessory dwelling units.

(Ord. No. 24-03, § 2, 9-17-24)

Whenever a nonconforming use has been discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) calendar days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the community development director is notified in writing of the intent to resume and has approved a schedule for resumption of said use.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Whenever a structure which does not comply with the property development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire, flood, wind, earthquake, war, riot, or other calamity, to the extent of fifty (50) percent or less, the structure may be restored to its original or conforming dimensions and the nonconforming use may be resumed, provided that restoration does not result in a greater degree of nonconformity than existed prior to destruction and is started within one (1) year and diligently pursued to completion. When such destruction exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located; the nonconforming use shall not be resumed.

(b)

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the assistant community development director and shall be based on the minimum cost of construction in compliance with the Uniform Building Code.

(Ord. No. 24-03, § 2, 9-17-24)

A conditional use permit may be granted by the planning commission for conversion of a nonconforming use to another nonconforming use provided that the commission finds that the proposed nonconforming use will not have a greater adverse impact on the surrounding area than the existing or former nonconforming use.

(Ord. No. 24-03, § 2, 9-17-24)

Except as otherwise permitted by this chapter, nonconforming uses shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity within the time period specified as follows:

(1)

Commercial and manufacturing uses in residential zones. In residential zones, commercial and manufacturing uses shall be discontinued or altered as prescribed, as follows:

a.

Type 1 and 2 construction (as defined in the Building Code): twenty (20) years.

b.

Type 3 and 4 construction (as defined in the Building Code): fifteen (15) years.

c.

Type 5 construction (as defined in the Building Code): ten (10) years.

d.

When said nonconforming use is removed from the land, at or before the end of the amortization period, every future building and use shall be in conformity with the provisions of this chapter.

e.

The prescribed time period shall apply regardless of any change in the existing commercial or manufacturing use except pursuant to a conditional use permit in accordance with article V, division 6 of this chapter.

(2)

Open uses. A nonconforming use of land in any zone where no buildings are involved, or the only buildings employed are accessory or incidental to such use shall, when deemed by the council to be detrimental to the public health, safety and welfare, be completely terminated or so altered so as to be in conformity with the provisions of the zone within five (5) years.

(3)

Nonconforming off-street parking and loading facilities. Existing buildings with off-street parking or loading facilities not in conformance with the provisions of this chapter may expand or add facilities, provided the requirements for off-street parking and loading space are complied with for such expansion or added facilities.

(4)

Nonconforming outdoor storage. Existing uses involving outside storage not conforming to the provisions of this chapter shall within two (2) years be brought into conformity with the requirements of this chapter, provided that if the uses on the premises are expanded or the building so altered as to require a building permit, the owner shall comply with the applicable provisions at that time.

(5)

Nonconformity with performance standards. The use of land, buildings or structures that do not meet the standards of performance for said use or the standards for equipment employed in the operation of said use as required by this chapter shall be brought into conformity with said standards within a period of one (1) year.

(6)

By order of city council. In any zone, any nonconforming use or structure may be ordered terminated by the city council within a period of time less than specified above upon a finding that such use constitutes a nuisance or a danger to the public health, safety or general welfare that necessitates a lesser amortization period.

(Ord. No. 24-03, § 2, 9-17-24)

When the community development director determines the existence of nonconforming uses listed in section 29-238 and notifies the owner by certified or registered mail of the provisions and dates for compliance with the provisions of section 29-238, the time periods prescribed shall commence. Thereafter, annual notification shall be given in the same manner as the first notification. The city clerk shall record at the office of the county recorder any notice of termination of a nonconforming use.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-240—29-243. - Reserved.