Chapter 23.84 — NONCONFORMING USES AND BUILDINGS

The lawful use of land existing at the time of the adoption of this title, although such use does not conform to the regulations herein specified for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of this title, and that if any such use ceases for a continuous period of one (1) year it shall be considered abandoned and the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

(Prior code § 25-190; Ord. 88-O-115 § 1, 1988)

• (a) The lawful use of building existing at the time of the adoption of this title may be continued, although such use does not conform to the regulations specified for the district in which the

building is located.

• (b) The nonconforming use of a portion of a building may be extended throughout the building; provided that in each case a use permit shall first be obtained.

• (c) The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained.

• (d) If the nonconforming use of a building and/or operations within a building ceases for a continuous period of one (1) year, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located.

• (Prior code § 25-191)

• (a) No Use Permit Required.

  • (1) A legal nonconforming building damaged or destroyed by fire, explosion, earthquake or other act to an extent of less than fifty (50) percent of the appraised value thereof, according to the assessor’s records, may be restored to its original condition and square footage.

  • (2) Ordinary maintenance and repairs may be made to any nonconforming building; provided, that no structural alterations and/or additions are made and that such maintenance and repairs do not exceed fifteen (15) percent of the fair market value of said building in any one (1) year period.

  • (3) Any repairs necessary to bring a nonconforming building into compliance with city codes regardless of whether such repairs exceed fifteen (15) percent of the fair market value of said building in any one (1) year period; provided, the total floor area in said building shall not be increased.

• (b) Use Permit Required.

  • (1) A legal nonconforming building damaged by fire, explosion, earthquake or other act to an extent of more than fifty (50) percent of the appraised value thereof, according to the assessor’s records, may be restored to a total floor area not exceeding that of the former building, if a use permit is obtained.

  • (2) Ordinary maintenance and repairs to any nonconforming building which exceed fifteen (15) percent of the fair market value of said building in any one (1) year period.

  • (3) Except as otherwise provided in Section 23.84.050 of this chapter, any structural alterations and/or additions to any legal nonconforming building shall require the issuance of a use permit; provided, that the total floor area of such building shall not be increased by more than twenty (20) percent or one hundred twenty (120) square feet, whichever is greater.

  • (4) As a condition to any use permit granted pursuant to subdivisions (1) and/or (2) and/or (3) of this subsection, said building shall be brought into conformity with those city codes deemed necessary to protect the health, safety and welfare of the present and/or future inhabitants thereof.

(Prior code § 25-192; Ord. 79-O-114 § 1, 1979; Ord. 90-O-109 § 2, 1990; Ord. O-2005-06 § 1, 2005)

Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective and upon which actual construction has been started prior to the effective date of this title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building. (Prior code § 25-193)

• (a) Existing single-family dwellings on legal nonconforming lots of record, which are substandard as to minimum building site area, lot width, and/or density requirements, may be enlarged provided all other development standards set forth in this title, such as building height, setbacks, lot coverage, and other similar standards, are met. No use permit shall be required for such enlargement, unless a use permit would otherwise be required for construction of a single-family dwelling in the district in which it is located.

• (b) Existing single-family dwellings on legal nonconforming lots of record, which are substandard as to minimum building site area, lot width, and/or density requirements, may be replaced with new single-family dwellings, provided all other development standards set forth in this title, such as building height, setbacks, lot coverage, and other similar standards, are met and the new structure conforms to all current city codes. No use permit shall be required for such replacement, unless a use permit would otherwise be required for construction of a single-family dwelling in the district in which it is located.

• (c) The provisions of this section shall not apply to the construction of second units as defined in Chapter 23.73 of this title.

• (d) The provisions of this section shall not be construed to permit the enlargement or construction of any single-family dwelling located in a district in which a single-family dwelling is not a permitted or conditionally permitted use.

• (Ord. O-2005-06 § 2, 2005; Ord. O-2009-08 § 3, 2009)