Article 29 — NONCONFORMING USES

A.

A nonconforming use is a use of a structure or land that was lawfully established prior to adoption of this ordinance but that, under this ordinance, does not conform with regulations for the zone in which it is located. This article limits the number and extent of nonconforming uses.

B.

A nonconforming structure is a structure that was lawfully erected prior to the adoption of this ordinance but that, under this ordinance, does not conform with regulations for the zone in which the structure is located. While permitting use and maintenance of nonconforming structures, this article limits the extent of nonconforming structures.

A.

A use lawfully occupying a structure or a site on the effective date of this ordinance or of amendments thereto that does not conform with the regulations for the zone in which the use is located, shall be deemed to be nonconforming and may be continued as provided in this article.

B.

A structure lawfully occupying a site on the effective date of this ordinance or of amendments thereto that does not conform with the standards of coverage, front yard, side yards, rear yard, height of structure or distances between structure prescribed in the zone in which the structure is located, shall be deemed to be nonconforming and may be used and maintained as provided in this article.

C.

Except as otherwise provided in this section, a site having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, that is shown on a recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of this ordinance, and that had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district.

D.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on nonconforming structures.

9-5.29.03 - Nonconforming Use of Nonconforming Structures

A.

The nonconforming use of a nonconforming structure existing on the effective date of this ordinance may be continued, and may be extended throughout such structure.

B.

A nonconforming use of a nonconforming structure may be changed to another nonconforming use subject to the provisions of this chapter and a finding by the Director that the new use is similar in character to and will not have effects more detrimental than the previous use.

C.

A structure that is nonconforming solely by reason that it does not comply with one (1) or more height, yard or area regulations, for the purposes of this section, shall be deemed to be a conforming structure.

D.

Any nonconforming structure, except a dwelling, that is vacant for a continuous period of more than one (1) year, shall not thereafter be occupied except by a use that conforms with the regulations of the zone in which such nonconforming structure is located.

A.

The nonconforming use of a conforming structure existing on the effective date of this ordinance may be continued only as follows:

1.

The nonconforming use shall not be extended into any other portion of such structure.

If the nonconforming use is discontinued for a continuous period of more than one (1) year, any future use shall conform to provisions of this chapter.

3.

If the structure is a dwelling, the nonconforming use shall be discontinued within three (3) years of the effective date of this ordinance, except that any person who was conducting a nonconforming use in the dwelling on the effective date of this ordinance may continue to conduct the nonconforming use without a time limit. This privilege shall not be transferable.

4.

A nonconforming use of a conforming structure that is not a dwelling may be changed to another nonconforming use subject to the provisions of this chapter and a finding by the Director that the new use is similar in character to and will not have effects more detrimental than the previous use.

A.

The nonconforming use of land where no structure (excepting fences) is involved in connection with such use, and nonconforming signs or billboards, existing on the effective date of this ordinance, or which thereafter becomes subject to the provisions of this ordinance, may be continued for a period of not more than three (3) years thereafter.

B.

If a structure involved in connection with a nonconforming use of land is removed, or destroyed to the extent of more than seventy-five (75) percent of its reasonable value, or such nonconforming use of such structure is discontinued, such nonconforming use of such land may be continued for a period of not more than three (3) years after the date of such removal, destruction or discontinuation.

C.

No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, or changed except to a conforming use.

D.

If a nonconforming use of land that is permitted to be continued under any of the provisions of this section is discontinued, any future use of such land shall conform to the provisions of this chapter.

A.

A nonconforming structure destroyed to the extent of not more than seventy-five (75) percent of its reasonable value by fire or other casualty, or by Act of God, may be restored, and the occupancy or use of such building or structure that existed at the time of such partial destruction may be continued. The time

for removal or alteration of such a restored structure shall nevertheless be the same as if such structure had not been thus restored.

B.

If a nonconforming structure is so destroyed to an extent of more than seventy-five (75) percent of its reasonable value, the structure may not be restored, and may not be occupied and used, except in conformity with this chapter.

A.

No nonconforming structure shall be structurally altered or enlarged, except as follows:

1.

Where required by ordinance or stature, or in order to make the building or structure conform;

2.

Any building or structure that is nonconforming solely by reason of yard or height requirements may be structurally altered or enlarged; provided that all alterations or additions shall comply with the yard and height requirements of the zone, and further provided that the entire building or structure so altered or enlarged complies with all other requirements of this ordinance other than yard and height.

3.

Modest expansion or remodeling of an existing nonconforming residential structure or use, limited to fifty (50) percent or less of the value of the existing structure. Such remodeling or expansion shall be subject to the provisions of Article 24.

9-5.29.08 - Elimination of Nonconforming Uses

A.

A nonconforming use that does not occupy a structure shall be discontinued and removed from the site within three (3) years from the effective date of this ordinance.

B.

If a nonconforming building or structure is removed, every future use of such premises shall be in conformity with the provisions of this chapter.

C.

A nonconforming structure in a C or M zone may be continued, subject to the preceding provision.

D.

In all R zones, every nonconforming structure other than a residential dwelling, designed or intended for use not permitted in such zone shall be completely removed or altered to structurally conform to the uses permitted in such zone, provided:

1.

Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of such building or structure as determined by the Director;

2.

In no event may the normal life of such building or structure be fixed at less than forty (40) years from its original construction.

3.

No such order shall require the removal or alteration of such building or structure sooner than three (3) years from the time such order is made;

4.

Within ten (10) days after the making of such order, the Director shall give notice thereof to the owner of record of such structure by causing a copy of the order to be personally served on such owner or mailed to such owner by registered or certified mail, and by causing a copy of the order to be recorded in the office of the county recorder;

5.

Not less than sixty (60) days and not more than ninety (90) days before the time fixed for removal or alteration, the Director shall give the owner of record of such structure written notice thereof in the manner above-mentioned, and shall give the occupants of such building notice thereof by posting such notice on the structure in a conspicuous place.

E.

A nonconforming home occupation shall be discontinued within one (1) year.

F.

Fences, walls, and hedges that do not conform to the provisions of this ordinance governing the erection of fences, walls, and hedges in relation to street intersections shall, within one (1) month of receipt of written notification, be removed or made to conform.

Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of ninety (90) days, 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.

Whenever a use or structure becomes nonconforming because of a change of boundaries or regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the Building Official shall carry out the provision of Section 9-5.29.11, below.

Within one (1) year after the effective date of this ordinance, the Director shall notify, in writing, the owners of all nonconforming structures, uses, signs and fences, walls and hedges, of the nonconforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal or conformance is required by the provisions of this ordinance. An excerpt of this ordinance will be attached to said notice.

Nothing in this ordinance pertaining to nonconforming structures and uses shall be construed or applied to require termination or removal or to prevent the expansion, modernization, replacement, maintenance, alteration, or rebuilding of public structures, uses, equipment, and facilities, pertaining directly to the rendering of the service, provided that there is no change of use or increase of those areas so used.