§9231.12 NONCONFORMING USES, STRUCTURES AND PARCELS

• A. Purpose: This section provides regulations for nonconforming uses, structures, and parcels that were lawful before adoption or amendment of this code, but which would be prohibited, regulated or restricted differently under the current terms of this code or future amendments. B. Intent: It is the intent of this section to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions of this section. C. Detrimental to Orderly Development: The continuance of a nonconforming use or structure is generally detrimental to the orderly development of the area within the boundaries of this code and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of the nonconformity. D. Illegal Use or Structure: Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this zoning code is not a nonconforming use or structure, and the use or structure is in violation of this code. (Ord. 1139, §2 (Exh. A, 12.120), adopted 2012) §9231.13 NONCONFORMING USES

which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this zoning code is not a nonconforming use or structure, and the use or structure is in violation of this code. (Ord. 1139, §2 (Exh. A, 12.120), adopted 2012) §9231.13 NONCONFORMING USES

A. Continued, Transferred, or Sold: Nonconforming uses may be continued, transferred, or sold, but only in compliance with the provisions of this section. B. Replacing Nonconforming Uses with Similar Uses: 1. A nonconforming use may be changed to another nonconforming use of a similar or more restricted classification or nature; provided, the proposed new nonconforming use would not increase the degree or intensity of nonconformity. 2. The replacement nonconforming use shall serve as the “new bench mark” in terms of establishing the acceptable level of nonconformity. 3. Where a nonconforming use is changed to another nonconforming use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification. C. Enlargement or Expansion of Use Not Allowed: 1. Nonconforming Use of Land without Structures: a. A nonconforming use of land which does not involve any structure except accessory structures shall not be enlarged or expanded in size or capacity or extended to occupy a greater area, or increased in intensity without Planning Commission approval of a major use permit. b. A nonconforming use of land which does not involve any structure except accessory structures shall not be relocated, extended, or expanded into a structure constructed on the parcel without Planning Commission approval of a major use permit. c. “Accessory structures” as used in this subsection include driveways, fences, parking areas, signs, walls, or minor structures less than four hundred (400) square feet in area. 2. Nonconforming Use of Land with Structures: Changes to a nonconforming use of a structure by enlargement, extension, reconstruction, or relocation within the structure, or an addition to the structure, or the construction of a new structure shall not be allowed without Planning Commission approval of a major use permit. 3. Findings: In approving a major use permit, the Planning Commission shall make the following findings in addition to the findings required by subsection 9262E of this code: a. The enlargement, expansion, extension, or increase would not increase the detrimental effects of the nonconformity; and b. The structure complies with the development standards of the zoning district in which the structure is located. 4. Site Development Permit: If a site development permit is required, the site development permit is subject to Planning Commission approval and shall be reviewed in conjunction with the major use permit. D. Loss of Nonconforming Status: 1. If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued for a continuous period of at least six (6) months, the rights to legal nonconforming status shall terminate. 2. The nonconforming use shall not be resumed once the use has been terminated for at least six (6) months. 3. The Planning Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation. 4. Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code. (Ord. 1139, §2 (Exh. A, 12.130), adopted 2012) §9231.14 NONCONFORMING STRUCTURES

rming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation. 4. Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code. (Ord. 1139, §2 (Exh. A, 12.130), adopted 2012) §9231.14 NONCONFORMING STRUCTURES

A. Continued, Transferred, or Sold: Nonconforming structures may be continued, transferred, or sold, but only in compliance with the provisions of this section.

B. Nonconforming Structures and Involuntary Damage: Nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) or natural disaster (e.g., earthquake, etc.); provided, that the structure may be repaired or reoccupied in the following manner: 1. Damage Up to Fifty Percent (50%) of Market Value: A nonconforming structure involuntarily damaged up to fifty percent (50%) of its current market value (as defined by subsection D of this section) may be reconstructed, repaired, restored, and used as before; provided, that the restoration is initiated (as defined in subsection D of this section) within twelve (12) months, and is substantially completed within twenty-four (24) months from the date of application for the required building permit.

a. Process for Reconstruction, Repair, Restoration:

(1) The applicant provides documentation, satisfactory to the Planning Director, supporting the claim that the damage or destruction occurred involuntarily; (2) No expansion of the gross floor area or number of dwelling units occurs;

(3) The replacement structure is in compliance with the current building code and would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure;

(4) A building permit is issued no later than twelve (12) months after the date of the destruction, and construction is diligently pursued to completion.

If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required building permit.

2. Damage to Fifty Percent (50%) or More of Market Value: A nonconforming structure involuntarily damaged to fifty percent (50%) or more of its current market value (as defined in subsection D of this section) shall not be reconstructed, repaired, or restored, except in conformity with the applicable requirements of the applicable zoning district.

C. Nonconforming Structures and Voluntary Repair and Maintenance: The ordinary and normal repair and maintenance work that may be required to keep a nonconforming structure in sound condition may be made in compliance with this subsection. A nonconforming structure may undergo ordinary repair and maintenance only in the following manner:

1. Minor Repair: Minor normal repair and maintenance may be made to a nonconforming structure:

a. Provided, that no structural alterations are made (exception: see section 9231.16 of this code), and the work does not exceed fifty percent (50%) of the current market value of the structure during any calendar year;

b. For the purposes of this subsection the cost of any required foundation work shall not be counted within the fifty percent (50%) limitation.

2. Major Repair: Major repair to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds fifty percent (50%) of the current market value of the structure before damage or destruction, may occur with Planning Commission approval of a major use permit; provided, that the Commission first determines that the major repairs are necessary to correct hazards to public health or safety.

3. Other Voluntary Modifications: The reconstruction or structural alteration of a nonconforming structure may be allowed with Zoning Administrator approval of a minor use permit; provided, that the review authority first determines that the modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and only in compliance with subsections C1 and C2 of this section.

D. Definitions:

1. Restoration Is Initiated: As used in this subsection, “restoration is initiated” requires that, at a minimum, a complete building permit application has been filed.

2. Current Market Value:

• a. As used in this subsection, “current market value” is the market value of the structure immediately before the occurrence of the damage.

b. For the purposes of administering the provisions of this subsection, the applicant shall submit an appraisal from a licensed appraiser and the City’s Building Official shall verify the appraiser’s determination of the current market value of the damaged structure, which determination shall be final unless appealed in compliance with section 9266 of this code. (Ord. 1139, §2 (Exh. A, 12.140), adopted 2012)