Ione Municipal Code Ch. 17.16 Nonconforming Uses, Buildings, Structures, and Land

This section provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments. It is the intent of this zoning code to allow for the long-term continuance of nonconformities in an orderly manner, and provide for their possible transition to a conforming condition.

(Ord. No. 528, 2-15-2022)

The regulations set forth in Sections 17.16.020 through 17.16.140 shall apply to all nonconforming buildings and structures, or parts thereof, and uses existing at the effective date of this title.

(Ord. No. 528, 2-15-2022)

A. Continued use of a nonconforming building or structure. Any nonconforming building or structure may be continued and maintained, including necessary maintenance and repair.

B. Legal expansion of a nonconforming building or structure. A nonconforming building or structure may be enlarged, extended, or otherwise added onto, or otherwise altered, provided such modifications do not extend the nonconforming aspects of the structure or result in any new nonconforming conditions for the subject property.

(Ord. No. 528, 2-15-2022)

Any nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title. An existing nonconforming use may be enlarged or expanded upon application for, and approval by the decision-making authority, a conditional use permit.

(Ord. No. 528, 2-15-2022)

A. Change to a conforming use. Any part of a building, structure, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by the prior nonconforming use.

B. Abandonment or discontinuance. Any part of a building, structure or land occupied by a nonconforming use, while use is abandoned, shall not again be used or occupied by such a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use, which use is discontinued for a period of more than 36 months, shall not again be used or occupied for a nonconforming use.

(Ord. No. 528, 2-15-2022)

A. Legal building site. A nonconforming parcel that does not comply with the applicable area or width requirements of this zoning ordinance shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the city planner by evidence furnished by the applicant:

1. Approved subdivision. The parcel was created by a recorded subdivision;

2. Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;

3. Variance or lot line adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or

4. Partial government acquisition. The parcel was created in compliance with the provisions of this zoning ordinance, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.

B. Subdivision of a nonconforming parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.

(Ord. No. 528, 2-15-2022)

The city's policy for nonconforming signs, billboards, and other such structures shall be as defined in Chapter 17.42 (Signs on Private Property).

(Ord. No. 528, 2-15-2022)

The provisions of Sections 17.16.010 through 17.16.090 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title; provided, that where a period of years is specified in Sections 17.16.010 through 17.16.090 for the removal of nonconforming buildings, structures or uses, said period shall be computed from the date of such reclassification or change.

(Ord. No. 528, 2-15-2022)

The provisions of this chapter shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment, and facilities where there is no change of use or increase in area of property so used.

(Ord. No. 528, 2-15-2022)

Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced within 60 days after the issuance of said permit and diligently prosecuted to completion.

(Ord. No. 528, 2-15-2022)

If a nonconforming building or structure is damaged by fire, explosion, or acts of God, subsequent to the effective date of this title, such building or structure may be reconstructed in a manner that does not increase or enlarge the area, space, or volume occupied or devoted to such nonconforming use, under the following terms: (1) all such reconstruction shall be performed under one building permit, (2) all such reconstruction shall be initiated within a period of three years from date of damage, and (3) all such reconstruction shall be diligently pursued to completion. Nothing in this section shall be construed to allow an unsafe structure or condition to exist on the site of such damage.

A. If the expense of such reconstruction is less than or equal to 60 percent of the assessed value of the building or structure at such time just prior to the damage occurring, the building or structure may be reconstructed upon issuance of a ministerial building permit.

B. If the expense of such reconstruction is more than 60 percent of the assessed or appraised value of the building or structure at such time just prior to the damage occurring, whichever is appropriate, the building or structure may only be reconstructed upon issuance of a conditional use permit from the decision-making authority.

(Ord. No. 528, 2-15-2022)

In the event a property owner desires to re-establish a legal nonconforming structure after voluntary removal, the property may do so but only upon satisfying the following requirements:

A. The property owner first applies for, and is issued, a building permit for the re-established structure and the structure is constructed in compliance with the city-adopted building code in effect at the time of permit issuance.

B. The size, scale, and location of the structure are the same as the prior structure. The burden shall be on the property owner to provide information satisfactory to the city to document the setbacks, height, and other physical characteristics of the prior structure necessary to review and approve the building permit for the re-established structure.

C. The structure is re-established within five years of being voluntarily removed.

(Ord. No. 528, 2-15-2022)

A. Conformity of uses requiring conditional use permits. A use lawfully existing without a conditional use permit that would be required by this title to have conditional use permit approval shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.).

B. Previous conditional use permits in effect. A use that was authorized by a conditional use permit but is not allowed by this title in its current location may continue, but only in compliance with the original conditional use permit.

(Ord. No. 528, 2-15-2022)