Sanger Municipal Code Div. 3 Nonconforming Buildings, Structures and Uses

(a) A nonconforming use is one which was lawfully established and maintained prior to the adoption of this chapter, but which under this chapter does not conform with the use regulations of the district in which it is located.

(b) A nonconforming building or structure is one which was lawfully erected prior to the adoption of this chapter, but which under this chapter does not conform with the conditions of lot coverage, yard spaces, building height, space between buildings, or other standards prescribed in the regulations for the district in which the structure is located.

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

(a) Basis for existence:

(1) A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this chapter but which, under this chapter, does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their reestablishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction.

(2) A nonconforming structure is a structure which was lawfully erected prior to the adoption of this chapter but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction.

(b) Continuation and maintenance:

(1) The use lawfully occupying a structure or a site on October 5, 1982, or the effective date of amendments to this chapter which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued as provided in this division.

(2) A structure lawfully occupying a site on October 5, 1982, or the effective date of amendments to this chapter which does not conform with the standards of coverage, front yard, side yards, rear yard, or distances between structures prescribed in the regulations for the district in which the structure may be used and maintained as provided in this section.

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

(a) Alterations and additions to nonconforming uses. Except as provided in this division, no structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by lease or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

(b) Alterations and additions to nonconforming structures. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structure or distances between structures prescribed in the regulations for the district in which the structure is located, subject to section 90-1008, minor deviations.

Except as otherwise prescribed in this division, the nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved by the planning commission in accordance with the following procedure:

(1) Application for a change of use shall be made to the commission on a form prescribed by the commission which shall include the following data:

a. Name and address of the applicant.

b. Statement that the applicant is the owner of the property or is the authorized agent of the owner.

c. Address or description of the property.

d. Statement of the precise nature of the existing or pre-existing nonconforming use and the proposed nonconforming use and any other data pertinent to the findings prerequisite to the granting of an application prescribed in subsection (3) of this section.

The application shall be filed with the planning commission. The commission shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.

(2) The planning commission may hold a public hearing on an application for a change of use. Notice of the hearing shall be given in the manner prescribed by sections 90-998 through 90-1001.

(3) The planning commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a. That the proposed use is classified in a more restricted category than the existing or preexisting use by the district regulations of this chapter. The classification of a nonconforming use shall be determined on the basis of the district in which it is first permitted, provided that a conditional use shall be deemed to be in a less restrictive category than a permitted use in the same district.

b. That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(4) The planning commission may grant an application for a change of use for a limited time period or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.

(5) An action of the planning commission granting an application for a change of nonconforming use shall become null and void 180 days following the date of action unless, prior to the expiration of 180 days, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. The action of the commission may be extended for an additional 180 days if, before the expiration of the original application, an application to continue the action in effect is made to the commission. The commission may grant or deny an application to continue its action in effect.

(6) An action of the planning commission granting an application for a change of nonconforming use subject to a condition or conditions shall be revoked by the commission if the condition or conditions are not complied with within one year after the date of approval or extension.

(7) Following the date of denial of an application for a change of nonconforming use or revocation of an action of the planning commission granting an application, no application for the same or substantially the same structure or on the same or substantially the same site shall be filed within six months of denial of the application or revocation of the action of the commission.

(a) Abandonment of nonconforming use. Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of 12 months, 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 district in which it is located.

(b) Restoration of damaged structure. Whenever a nonconforming use or a nonconforming structure shall be damaged or destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of less than 75 percent, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. Except as hereinafter provided, whenever a nonconforming use or a nonconforming structure shall be damaged or destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of 75 percent or more, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. The extent of damage to any structure shall be determined by the building official.

(c) Exception. Whenever a nonconforming residential use or structure within the M-H heavy/industrial district shall be damaged or destroyed by fire or other calamity, or by an act of God or by the public enemy, the nonconforming residential structure or use may be restored and/or resumed, provided that all necessary permits to restore the structure are secured within one year of the date of destruction and restoration of the structure is diligently pursued to completion.

(Ord. No. 901, § 1, 11-18-93)

(a) Elimination of nonconforming uses.

(1) The following nonconforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within five years after October 5, 1982:

a. A nonconforming use which does not occupy a structure.

b. A nonconforming use occupying a structure having an assessed valuation of less than $100.00.

(2) Uses permitted only in a C or M district which are located in an R or RM district shall be completely removed or altered and converted to a conforming status in accordance with the following schedule:

The period of amortization shall begin on the date of use first became nonconforming on or after October 5, 1982. The time schedule is deemed to provide for the amortization of the affected uses. When the nonconforming use is removed, at or before the end of the amortization period, every future use shall be in conformity with the provisions of this chapter. Repairs necessary to maintain a nonconforming use, and minor alterations not exceeding an assessed valuation of $250.00, shall not be construed as lengthening the amortization period set forth by this section.

(b) Time when use or structure becomes nonconforming. Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of 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.

(a) Nonconforming fences, hedges and walls. Fences, hedges and walls which do not conform to the corner cut-off provision of this chapter shall, within five years after October 5, 1982, be removed or made to conform.

(b) Nonconforming off-street parking and loading spaces. No existing use of land or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this chapter provided that facilities being used for off-street parking and off-street loading on October 5, 1982, shall not be reduced to less than the minimum standards prescribed in this section. Where an existing use is expanded, the parking requirements of this chapter shall apply only to the addition.

(a) Nonconforming uses, buildings and structures under variance, special or conditional use permit. Those nonconforming uses, buildings, and structures which are existing or authorized under a variance, special or conditional use permit granted under this chapter or any previous ordinance shall be permitted to continue under the conditions and regulations imposed in the permit or variance.

(b) Merger of nonconforming lots. Two or more contiguous parcels or units of land which have been created under the laws of the state or any prior law regulating the division of land, or a local ordinance enacted pursuant thereto or where not subject to such provisions at the time of their creation, are merged if any one or more of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size of the city to permit use or development under a zoning, subdivision or other ordinance of the city and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city or which was built prior to the time such permits were required by the city.

Residential zoned parcels or units shall, for the purpose of this section, be considered as conforming if there is a minimum frontage on a public road, street or highway of not less than 50 feet and a total square footage of area not less than 6,000 square feet. If such common ownership exists of sufficient contiguous nonconforming parcels or units to create two or more parcels or units meeting minimum conformance requirements as set forth in this section, such common owner or owners may request the appropriate number of minimum conformance parcels or units by filing a tentative map with the city planning department and if approved as to sufficiency and technical adequacy by the city planner, the notice recorded by the city as to such merger will reflect the new parcels or units which thereafter will be considered conforming for the purposes of this section.