Article V — NONCONFORMING USE REGULATIONS

• A. Continuation and Maintenance. A legally established nonconforming use, a building containing one or more nonconforming uses or a noncomplying building may be continued and/or maintained, as provided in this article or otherwise provided by law.

• B. Effect of Article on Other Provisions of Code, Etc. Nothing in this article shall be construed as repealing, abrogating, superseding or modifying any provision of this code, or of the law relating to the requirements for construction, maintenance, repair, demolition or removal of buildings.

• C. Nonconforming Determinations. Any building not conforming to the requirements of this chapter or any use not conforming to this chapter, shall be considered to be legally nonconforming and afforded the rights established in this article, provided the building or use was lawfully established prior to November 30, 1965. Any building or use that does not meet this provision is not entitled to the rights contained in this article.

• (Ord. 406 § 1; Ord. 824 § 1; Ord. 902; Code 1997 § 32-34)

• A. Expansion of Nonconforming Uses, Including Land. A nonconforming use may be expanded in its size and extent provided it does not require commercial floor area, additional residential units, additional tourist units, additional land coverage or vehicle trips. See definition of "expansion" for further clarification.

No person shall expand a nonconforming use, or any portion of a nonconforming use not located within a building.

• B. Changing of a Nonconforming Use. When a nonconforming use is replaced by a conforming use, the rights of that nonconforming use no longer apply. Further, the change from a nonconforming use to a conforming use, shall comply with the UBC as well as having the required development rights. Should such a change involve the legalization of an illegal unit as

defined in Ord. 816, the minimum Health and Safety Standards contained in Ord. 816 shall constitute conformance with the UBC requirements.

• C. Discontinuance or Abandonment of Nonconforming Uses.

  1. On vacant land or any land where the value of the improvement is less than $1,000, all nonconforming residential, commercial or industrial uses are discontinued or abandoned for 12 months or more, the use, or subsequent uses, of the land shall be conforming.

  2. Where all nonconforming uses of a building are discontinued for 12 months or more, the use, or subsequent uses, of such buildings shall be conforming.

• D. Complete Reconstruction of Damaged Buildings or Structures Containing Nonconforming Uses, Due to Fire or Calamity. Any building or structure containing a nonconforming use, damaged by fire or calamity, may re-establish the nonconforming use as provided within this article. If the building is reconstructed, it shall be compatible with the surrounding uses and it shall have the same or greater setback, but no greater floor area, footprint, land coverage or an increase in units of use than it had prior to being damaged. Examples of incompatibility include commercial uses within a residential neighborhood that affects the functioning of the neighborhood, such as noise, odor, fumes, toxics, traffic and the like. In these cases, the building, which shall be consistent with the city design review guidelines, may be rebuilt and the use shall be compatible with the surrounding uses.

• (Ord. 406 § 1; Ord. 824 § 1; Ord. 902; Code 1997 § 32-35)

• A. Enlargement of Noncomplying Buildings. No person shall enlarge a noncomplying building in any manner which increases its noncompliance.

• B. Enlargement of Building Containing Nonconforming Uses. No person shall enlarge any building containing a nonconforming use except to accommodate a conforming use. In multiple business complexes containing conforming and nonconforming uses, a building may be expanded, provided the nonconforming uses are limited in their expansion as provided in this article.

• C. Complete Reconstruction of Damaged Noncomplying Buildings/Structures Due to Fire or Calamity. A nonconforming building/structure damaged by fire or calamity may be reconstructed. If the building/structure is reconstructed, it shall have the same or greater setback, but no greater floor area, footprint, land coverage or an increase in units of use than it had prior to being damaged, provided the building/structure is compatible with the surrounding uses and is not detrimental to the adjacent properties as determined by staff. Examples of detrimental effects include the building/structure being within three feet of the property lines restricting fire access, light or air and the building/structure being considered a visual eyesore by the neighborhood. In these cases, the structure would be relocated to meet or exceed the light, air, fire access or redesigned so as not to be a visual eyesore or not rebuilt. Staff shall have the ability to condition the reconstruction to meet the intent of this section including compliance with the city design review guidelines.

• D. Maintenance and Repairs to Noncomplying Buildings/Structures. Maintenance and repairs may be made to any nonconforming building/structure for any use; provided, it shall have the same or greater setback, but no greater floor area, land coverage or units of use, than it had prior to being repaired.

• (Ord. 406 § 1; Ord. 824 § 1; Ord. 902; Code 1997 § 32-36)

Existing density that does not comply with the limits prescribed in this chapter is considered to be nonconforming, and may be continued. The building(s) housing the nonconforming density may be reconstructed provided the density is not increased. (Ord. 824 § 1; Ord. 902; Code 1997 § 32-37)

Existing land coverage that does not comply with the limits prescribed in the TRPA Code, Chapter 20, may be continued provided the findings of 20.5.C of the TRPA Code, are met. (Ord. 824 § 1; Ord. 902; Code 1997 § 32-38)

When a building or structure is:

• A. Being reconstructed, or a new addition is being constructed, the building, structure or addition shall comply with the height standards contained in Chapter 22 (TRPA Code).

• B. Being maintained and repaired, the existing nonconforming height may be continued provided it complies with Chapter 22 (TRPA Code).

• C. Being reconstructed as a result of a fire or calamity, the existing nonconforming height, may be continued provided it complies with Chapter 22 (TRPA Code).

• (Ord. 824 § 1; Ord. 902; Code 1997 § 32-39)

No persons shall make structural alterations in a building containing one or more nonconforming uses except when made in order to comply with the requirements of law, or in order to accommodate a conforming use. No building permit for structural alterations in such a building shall be issued until a use permit shall have been obtained.

(Ord. 406 § 1; Ord. 902; Code 1997 § 32-40)

• A. On vacant land or any land where the value of the improvement does not exceed $1,000, when all nonconforming commercial or industrial uses are discontinued or abandoned for six months or more, any subsequent uses of such land or improvements must be conforming.

• B. Where all nonconforming uses of a building originally designed or built for commercial or industrial purposes are discontinued for 12 months or more, any subsequent uses of such building must be conforming.

• C. Subject to the provisions of subsections (A) and (B) of this section, a nonconforming use of a building or premises may be changed to another use of the same or more restricted classification; except, that, when a nonconforming use is replaced by a conforming use, that area so replaced shall remain conforming.

• (Ord. 406 § 1; Ord. 902; Code 1997 § 32-41)

Notwithstanding the provisions of SLTCC § 6.55.450 , in a building originally designed and built for residential use and located in any residential zone, any discontinued or abandoned nonconforming use shall not be re-established and shall not be replaced except by a conforming use. (Ord. 406 § 1; Ord. 902; Code 1997 § 32-42)

A nonconforming building or structure, or any building or structure devoted to a nonconforming use, damaged by fire or calamity may not be reconstructed other than in accordance with the provisions of this chapter unless the cost of reconstruction does not exceed 50 percent of the replacement cost of such building or structure prior to the damage having occurred. Where reconstruction is permissible, the building as reconstructed shall have no greater floor area than it had prior to being damaged.

(Ord. 406 § 1; Ord. 902; Code 1997 § 32-43)

Ordinary maintenance and repairs may be made to any nonconforming building or structure for any use; provided, that no structural alterations are made and that the cost of such work does not exceed 20 percent of the replacement value of such building or structure in any one year. (Ord. 406 § 1; Ord. 902; Code 1997 § 32-45)

The amount of destruction of a building shall be determined by the ratio which the cost of reconstructing the damaged or destroyed portions of the building bears to the full cash value. In determining the ratio, the value of the land shall be excluded. (Ord. 406 § 1; Ord. 902; Code 1997 § 32-46)

The age of a building shall be computed from the recorded date of its completion, if available; otherwise, such date shall be deemed to be one year subsequent to the date of issuance of the building permit. If no building permit records are available with respect to a building, its age shall be computed from January 1, 1958. In any case, when, in a single construction, an addition to a building was commenced prior to January 1, 1969, which had at the time of its completion a value in excess of 75 percent of the full cash value of the original building or which increased the bulk or floor area of the original building by more than 75 percent, the age of the building shall be computed from the recorded date of completion of such addition, if available; otherwise, such date shall be deemed to be one year subsequent to the date of issuance of the building permit for such addition. (Ord. 406 § 1; Ord. 902; Code 1997 § 32-47)

Nothing in this article shall be construed as repealing, abrogating, superseding or modifying any provision of this code, or of the law relating to requirements for construction, maintenance, repair, demolition or removal of buildings.

(Ord. 406 § 1; Ord. 902; Code 1997 § 32-49)