17.58 - Nonconforming Uses and Structures

The purpose of this chapter is to declare uses and structures legally existing on the effective date of this chapter as nonconforming uses and structures, and to encourage those that are nonconforming to be brought into conformity within a reasonable period of time.

(Ord. 376 § 10-2-5(A), 1967.; Amended by Ord. 844 on 12/18/2017)

The lawful use of land or structure existing on the effective date of any provision of the ordinance codified in this title applicable to such land or structure may be continued as a lawful nonconforming use or structure, although such use or structure does not comply with the provisions of this title.

(Ord. 376 § 10-2-5(B), 1967.)

Unless it is made to comply in its entirety with the provisions of this title, a nonconforming use may not be:

A.

Expanded or moved to another location, and the structure devoted to such use may not be structurally enlarged, altered, or moved to another location, but may be kept in good repair or may be structurally altered if necessary for public safety;

B.

Restored or rebuilt if damaged or destroyed for any reason to the extent of more than half its current replacement cost;

1.

Provided that residences that are fifty years or older may be restored or rebuilt within the footprint of the previous structure. The residential use may continue with no expansion of the structure permitted per this section unless approved under Section 17.58.030(C)(1); furthermore, the historical integrity of the restoration shall be maintained although newer building materials may be used;

2.

Commercial uses that have been in operation at the same location since 1960 or earlier (as proven through documentation based on the assessor's records, business licenses, historical records or other information which documents the date of the business at that location) may be continued within the previous footprint and intensity or use. Section 17.58.030(C) shall apply in that documentation shall show continuance of use at said location without abandonment.

C.

Restored or rebuilt if abandoned for a period of one year or more.

1.

Provided that if the structure was originally constructed for residential use (as proven through documentation based on the assessor's records, historical records or other information which documents the structure's original use), then the residential use may be restored, subject to all code requirements with approval of a use permit. Said use permit shall be considered in the same manner as other use permits as per Chapter 17.62. Any expansion of the structure or use shall require modification of the use permit.

D.

In the event that the implementation of this section would create a hardship, the planning commission may, through a use permit, allow a preexisting, nonconforming use to continue on a property when demolished by fire or accident. If the use changes slightly, but not substantively in its burden on surrounding properties, the use may be continued by use permit. Said use permits shall be considered in the same manner as other use permits per Chapter 17.62.

(Ord. 515, 1978; Ord. 376 § 10-2-5(C), 1967.; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 844 on 12/18/2017)

17.59 - Home Occupations

17.59.010 - Intent and Purpose

The intent and purpose of the home occupation provisions is to authorize and regulate the conduct of a business in residential dwellings.

(Ord. 613 § 2 (part), 1985.)

17.59.020 - Criteria and Conditions

A home occupation, as defined in Section 17.04.155, may be engaged upon approval according to procedures set forth in this chapter. The following criteria shall apply in review of a proposed home occupation:

A.

Is confined within the living area or garage of the dwelling and does not occupy any accessory structure, open space, required parking space or yard: and does not occupy more than one room within a dwelling; and does not occupy more than twenty-five percent of the floor area of the dwelling;

B.

The person conducting the business shall reside on the premises on a regular full-time basis and the business shall be clearly incidental and secondary to the residential use.

C.

Employees shall not work at or be dispatched from the premises nor otherwise be on or about the premises for business purposes;

D.

Involves no on-premises sales or vending of merchandise;

E.

Signs shall not be used to identify the business, its products or services; and no display of any kind shall be visible from the exterior of the dwelling designed to attract customers, clients or the general public;

F.

There shall be no advertising of the home occupation by street address except that the street address may be included on business cards and business correspondence originating from the home;

G.

No outdoor storage of materials, supplies or equipment used to conduct a home occupation;

H.

Creates no noise, odor, dust, vibrations, fumes, glare, smoke, or electrical interference readily discernible at the exterior boundaries of the parcel on which the occupation is situated:

I.

The use will not result in a substantial increase in traffic. Traffic related to the operation of the business shall be limited to six vehicle trips per day (three visits).

J.

No generation of additional pedestrian traffic or parking beyond that normal to a single-family dwelling; and does not involve the repeated use of commercial vehicles to deliver materials to and from the premises;

K.

No vehicle larger than a van or three-quarter-ton truck may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one additional vehicle and/or trailer.

L.

Parking for additional vehicles used in connection with the home occupation shall be provided on the parcel in addition to parking required for the residence.

M.

The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises;

N.

No use involving the storage, sale or use of any hazardous, flammable or explosive materials, beyond that normally found in a single-family residence shall be allowed as a home occupation.

O.

Additional criteria and conditions may be imposed by the community development director as deemed necessary to safeguard the health, safety, and general welfare of the neighborhood.

(Ord. 613 § 2 (part), 1985.; Amended by Ord. 843 on 12/18/2017)