Chapter 18.90 — GENERAL NONCONFORMING PROVISIONS

• A. Purpose. This article provides regulations for:

  1. Nonconforming parcels, signs, structures, and land uses that were lawfully permitted before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Code or an amendment which subsequently changed requirements.

  2. The continuance, maintenance, and repair of nonconformities under certain circumstances and limiting reconstruction and reestablishment of nonconformities. These nonconforming uses and structures may continue or be discontinued as specified in this article.

• B. Intent.

  1. In order to limit the number and extent of nonconformities created by adoption of this Zoning Code, it is the County's intent to generally allow nonconformities to continue until they are removed, but not to encourage their long-term existence.

  2. It is further the intent of this article that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after

abandonment or discontinuance, or restored after involuntary destruction, except in compliance with this article.

3. It is the County's intent to ensure that certain nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are discontinued or become conforming.

4. This article shall not apply to any use or structure established in violation of the adopted Zoning Code, unless the use or structure presently conforms with the provisions of this Zoning Code.

• C. Definitions. For purpose of this article, the following terms shall have the following definitions:

Cessation or discontinuance. Cessation or discontinuance of a nonconforming use shall be defined as an abandonment of the use, irrespective of the owner's or occupant's intent.

Illegal nonconformity. An illegally created parcel, sign, structure, or use that was illegally constructed, created, installed, or initiated without proper permits or approvals, and does not comply with the provisions of this Zoning Code. An illegal nonconformity is not eligible for any of the protections provided by this article.

Nonconforming parcel. A parcel legally created before the effective date of this Zoning Code, or subsequent amendment, which does not currently comply with the minimum area, depth, width, or other requirements of this Zoning Code.

Nonconforming sign. A sign legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not currently comply with the sign regulations of this Zoning Code.

Nonconforming structure. A structure legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not currently conform to the requirements of the zone in which it is located.

Nonconforming use. A use of land and/or a structure legally existing before the effective date of this Zoning Code, or subsequent amendment, but which is no longer allowed in the zone in which it is located.

(Ord. 1976 § 2, 2019)

The property owner has the burden to prove a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this article.

• A. Property Owner's Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject is a legal nonconformity.

• B. County is Not Responsible. The County is not responsible to prove the legal status of the nonconformity.

• C. Director's Determination.

  1. The process begins with the property owner submitting sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status specified in this article.

  2. The Director may decide the matter favorably on the documentation provided. In the alternative, the Director shall conduct an administrative hearing and provide notice of the hearing to the property owner in compliance with Chapter 18.146 (Public Notices and Hearings).

  3. The property owner shall have the opportunity to appear and provide oral testimony on the legality of the nonconformity.

  4. The Director shall consider the evidence and make a determination as to the legality of the nonconformity and the available protections provided by this article.

  5. The Director's determination of legal nonconformity shall be appealable as specified in Chapter 18.144 (Appeals).

• (Ord. 1976 § 2, 2019)

• A. Customary Maintenance and Repair Allowed. A nonconformity (i.e., parcel, sign, structure, or use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume, with the exception of those improvements and expansions specified in subsection B (Allowed Improvements and Expansions), below. A nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (i.e., bearing wall, column, beam, girder, rafter, joist), except as required for health and safety as determined by the Building Official.

• B. Allowed Improvements and Expansions.

  1. The addition of one accessory structure related to a conventional single-family dwelling, other than an accessory dwelling unit, provided that all structures shall comply with all other regulations of the zone;

  2. The addition of animal sheds or shades, hay barns, etc. for agricultural operations where there is no increase in animals, wastewater, or employees;

  3. The continued use and expansion of certain nonconforming communications buildings and structures (including, but not limited to, radio towers, wireless facilities, and antennas) that directly or indirectly provide or support emergency services within the County (including, but not limited to, the broadcast of Emergency Alert System messages or public agency communications) may be allowed subject to the approval of a Conditional Use Permit in compliance with Chapter 18.116 (Conditional Use Permits), and the following findings:

     • a. That the improvement and/or expansion of the nonconformity is directly or indirectly related to the provision of emergency services within the County and will provide these services for the lifetime of the project,

     • b. That the improvement and/or expansion of the existing nonconforming building or structure will not result in an increase of more than 100 percent of the original floor area of the nonconformity, not including the floor area of any previously approved expansions, and

     • c. That the improvement and/or expansion of the nonconformity would not be detriment to the public health, safety and general welfare.

• (Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)

A. Destroyed or Deteriorated over 50 Percent.

1. Involuntarily Destroyed or Deteriorated. A nonconformity involuntarily destroyed or deteriorated to an extent of 50 percent or more of its appraised value immediately before the destruction may be restored only if made to conform to all applicable provisions of this Zoning Code. Cumulative repairs exceeding 50 percent of the nonconformity's appraised value from the initial date of the nonconformity shall not be allowed.

2. Appraised Values. All appraised values referred to in this section shall be determined by a State-licensed appraiser and confirmed by the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this section shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.

• B. Abandonment or Discontinuance.

  1. Nonconforming Use. If a nonconforming use ceases or is discontinued for a continuous period of 180 days or more, its legal nonconforming status is lost, and the continued use of the property shall be in full compliance with all of the applicable provisions of this Zoning Code.

  2. Use of a Nonconforming Structure. If the use of a nonconforming structure ceases or is discontinued for a continuous period of 180 days or more, its legal nonconforming status is lost, and the structure shall be removed or altered to conform to all of the applicable provisions of this Zoning Code.

  3. Cessation or Discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following occur:

     • a. Abandonment of the use, despite the owner's or occupant's intent;

     • b. Discontinuance of a use regardless of intent to resume the use;

     • c. The intent of the owner to cease or discontinue is apparent, as determined by the Director;

     • d. Where characteristic furnishings and equipment associated with the use are removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use is no longer evident; or

     • e. Where there are no business receipts or utility charges or payments for the 180-day period.

• (Ord. 1976 § 2, 2019)