Chapter 17.14 — NONCONFORMING USES AND STRUCTURES

This chapter establishes special regulations for nonconforming land uses and structures 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 these regulations to allow the continuation of nonconformities under the limited conditions outlined herein and reconstruction in the event of natural disaster. (Ord. 2010-02 § 1 (part), 2010)

A. Legal Nonconforming Uses. The provisions of this chapter apply to legal nonconforming uses in districts hereafter changed or established and any time limit for the suspension of a nonconforming use of land shall date from May 19, 1971, or any amendment of district boundaries which first creates a nonconforming use or uses.

B. Exemption: Legal Building Site and Time Limitation. A nonconforming parcel that does not comply with the applicable area or width requirements of this Zoning Code shall be considered a legal building site if it meets at least one (1) of the following criteria, as documented to the satisfaction of the Community Development Director through evidence furnished by the applicant. On nonconforming parcels where the below criteria is not met, the nonconforming use of land (where no main building is involved) existing at the time this title becomes effective shall be discontinued within one (1) year from the effective date of this title or within one (1) year from any amendments to this title that cause a land use to be nonconforming.

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

2. Individual parcel legally created by deed. The parcel is under one (1) 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.

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

C. Exemption: Public Utilities. 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.

D. Nonexempt: 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; existence of a legal nonconforming use or parcel shall not be interpreted to allow the increase of the nonconformity of such parcel or any nonconforming use on the parcel. (Ord. 2010-02 § 1 (part), 2010)

A. Continuation. A nonconforming use may continue to operate in perpetuity, be transferred, or be sold, provided that the use shall not be enlarged or intensified nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming.

B. Approved Plans, Effective Date, and Extension. Plans for any use approved as of the effective date of this chapter may be carried out as approved. Any extension of such approval for which the applicant was entitled to apply as of the effective date may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date.

C. Prohibited Use. Any person asserting that a nonconforming use is legal must present evidence that the use existed before the enactment of the Zoning Code provision prohibited the use. The Community Development Director shall have Approval Authority over this determination. (Ord. 2010-02 § 1 (part), 2010)

Normal maintenance of a nonconforming structure shall be permitted subject to Building Code requirements in effect at the time of such maintenance work and as provided below. (Ord. 440 § 2 (part), 1982)

A. Repair. Maintenance may include repair work necessary to keep the structure in sound condition, but maintenance shall not include the expansion or replacement of a non-conforming structure.

B. Seismic Retrofitting and Building Code Compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the Building Code.

C. Structural Alteration. Maintenance and repair may include structural alteration of a nonconforming structure to improve safety or to reduce fire hazard. (Ord. 2010-02 § 1 (part), 2010)

Notwithstanding the provisions of Section 17.14.030 (Continuation), and subject to the provisions of Section 17.12.130 (Variance), a nonconforming structure or use may be modified or expanded as listed below:

A. Structural Modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to all applicable provisions of this Zoning Code. Such modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.

B. Expansion of Use. The designated approving authority may consider expansion or modification of a nonconforming use up to a maximum of ten percent (10%) of the area that the structure lawfully occupied before becoming nonconforming.

C. Design Review. Exterior improvements or expansion of structures shall also require design review approval pursuant to Section 17.12.080 (Administrative Design Review). (Ord. 2010-02 § 1 (part), 2010)

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. (Ord. 440 § 2 (part), 1982) (Ord. 2010-02 § 1 (part), 2010)

A. Ministerial Building Permit Required. If a nonconforming structure in existence or use maintained on November 16, 2010, which does not conform to the regulations for the district in which it is located, is involuntarily damaged or destroyed by fire, collapse, flood, wind, earthquake, explosion, act of God, or act of the enemy, subsequent to the effective date of this title and the expense of such reconstruction is less than or equal to fifty percent (50%) of the assessed value of the structure at such time just prior to the damage occurring, then without further action by the City Council, such structure and use of land may be repaired, restored, replaced, or reconstructed and reoccupied in the same manner in which it originally existed upon issuance of a ministerial building permit and subject to the following terms:

1. All such reconstruction shall be performed under one (1) building permit;

2. All such reconstruction shall be initiated within a period of one (1) year from date of damage; and

3. All such reconstruction shall be diligently pursued to completion.

B. Conditional Use Permit Required. If the repair, restoration, replacement, or reconstruction expands from the original state of the nonconforming structure, at such time just prior to the damage occurring, issuance of a conditional use permit, pursuant to the provisions set forth in Section 17.12.140 (Conditional Use Permit) is required. The approving authority may consider up to a maximum ten percent (10%) expansion of the square footage from the original state of the nonconforming structure at such time just prior to the damage occurring. (Ord. 2010-02 § 1 (part), 2010)

A. If any nonconforming use is abandoned or discontinued for any reason for a continuous period of six (6) months or more, rights to nonconforming status shall terminate. Without further action by the city, any subsequent use of such land or structure shall be in conformity with all of the regulations of the applicable zoning district and all other applicable provisions of this title.

B. A determination that a use has been abandoned requires both (1) evidence of an intention to abandon, and (2) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall in itself not be considered a continuation of the use. The discontinuance of a nonconforming use for a period of six (6) months or more is in itself prima facie evidence of abandonment. (Ord. 440 § 2 (part), 1982). (Ord. 2010-02 § 1 (part), 2010)