Chapter 18.28 — NONCONFORMING USES

Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued although the particular use, or the building or structure, does not conform to the regulations specified in this title for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the

time of the adoption of the ordinance codified in this title. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a use permit. If the nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a period of one year, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and all future uses shall comply with the regulations of the particular district in which the land or building is located.

(Ord. 45-63 §6.1, 1963).

If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of three years from the date of the adoption of the ordinance codified in this title. After the expiration of the aforementioned three-year period, such lands shall be used only in conformance with the regulations of the district in which they are located.

(Ord. 45-63 §6.2, 1963).

Any building or structure existing at the date of the adoption of the ordinance codified in this section, which is nonconforming either in use, design or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced, so long as the cumulative dollar value of such maintenance, repairs or replacement, annually, does not exceed fifty percent of the building's appraised valuation as shown on the latest assessment role of the city. Maintenance, alterations, repairs or replacements required by the Americans with Disabilities Act (e.g. handicap access improvements), or any other federal or state law, shall be exempt from the requirements of this section and the dollar value of such alterations shall not be included in calculating the dollar value limitations described above.

(Ord. 300—93 §1, 1993: Ord. 45-63 §6.3, 1963).

18.28.040 - Restoration restricted.

A nonconforming building, destroyed to the extent of more than fifty percent of its reasonable value at the time of its destruction by fire, explosion, or other casualty or act of God, may be restored and used only in compliance with the regulations existing in the district wherein it is located.

(Ord. 45-63 §6.4, 1963).

The provisions of the chapter shall apply to structures, land and uses which hereafter become nonconforming due to redistricting of any lands under provisions of this title.

(Ord. 45-63 §6.5, 1963).

Chapter 18.32 - PERMITS AND VARIANCES

Sections:

Zoning permits shall be required for all buildings and structures hereafter erected, constructed, altered, repaired or moved within or into any district established by this title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this title. No building permit shall be issued until the zoning permit portion thereof has been completed by the building inspector and any required use permit or variance has been issued and become effective.

(Ord. 45-63 §7.1, 1963).

Use permits, revocable, conditional and/or valid for a term period, may be issued as provided in this chapter for any of the uses or purposes for which such permits are required or permitted by the terms of this title. The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may require tangible guarantees or evidence that such conditions are being or will be complied with.

(Ord. 45-63 §7.2, 1963).

Application for use permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning commission of the city. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use to be made of the land or building.

(Ord. 45-63 §7.3, 1963).

Upon receipt of the application for use permit, the planning commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for it may grant the use permit.

(Ord. 45-63 §7.4, 1963).

Applications for variances from the strict application of the terms of this title may be made and variances granted when the following circumstances are found to apply:

• A. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situate; and

• B. That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(Ord. 45-63 §7.5, 1963).

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this title.

(Ord. 45-63 §7.6, 1963).

Applications for variance shall be made in writing by a property owner, lessee, purchaser in escrow or optionee with the consent of the owners on a form prescribed by the planning commission. They shall be accompanied by a fee, set by the city council, a plan of the details of the variance requested, and evidence showing that the granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare, and that, due to special conditions or exceptional characteristics of the property or its location, the strict application of this title would result in practical difficulties and unnecessary hardship. (Ord. 45-63 §7.7, 1963).

If the planning commission finds that the qualifications under Section 18.32.050 apply to the land, building or use for which variance is sought, and that such variance is in accordance with the intent of this title, it may grant all or part of the variance sought.

(Ord. 45-63 §7.8, 1963).

• A. Purpose and Procedure. A minor variance may be granted by the city administrator upon written request, subject to such conditions as he may impose without any notice or appeal if he finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. When in the public interest, the city administrator may consider and render decisions on applications involving minor deviations from the provisions of this chapter, limited to the following:

  1. Area and lot dimension requirements may be reduced by not more than ten percent of that required in the district.

  2. Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than ten percent of the area of a required yard.

  3. Maximum building height requirements may be increased by not more than ten percent.

  4. The reconstruction or remodeling of nonconforming buildings may be permitted if, in the city administrator's judgment, it will bring such buildings and subsequent use into greater conformity with the use permitted in the district.

  5. Lot line adjustments also known as boundary line adjustments.

B.

Application and Fee. Application for minor variance shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning commission of the city. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use to be made of the land or building.

(Ord. 271-89 §1, 1989).

No public hearing need be held upon any use permit or variance application, provided that the planning commission may hold any hearings deemed necessary. Notice of such hearings shall be given as provided by law.

(Ord. 45-63 §7.9, 1963).

Use permits and variances shall not be issued until fifteen days have elapsed from the granting thereof, and in case an appeal is filed from the planning commission decision thereon shall not be issued until decision has been made by the city council on such appeal.

(Ord. 143-75 §2, 1975: Ord. 100-70 §1, 1970: Ord. 45-63 §7.10, 1063).

Use permits and variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.

(Ord. 45-63 §7.11, 1963).

• A. In case the applicant or any other person is not satisfied with the action of the planning commission on any use permit or variance application, he may, within five days, appeal in writing to the city council.

• B. Upon receipt of such appeal, the city council shall set the matter for public hearing with notice thereof to be given as provided by law. Notice shall also be given to the planning commission which shall submit a report to the city council setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing.

• C. The city council shall render its decision not more than forty-five days after the close of the hearing.

(Ord. 45-63 §7.12, 1963).

Any use permit or variance granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the planning commission.

(Ord. 45-63 §7.13, 1963).

Any use permit or variance granted in accordance with the terms of this title may be revoked by the city council in the manner set forth in Section 18.32.150, if any of the conditions or terms of such permits are violated, or if the following findings are made:

• A. In connection with use permits, the continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

• B. In connection with variances; continued relief from the strict application of the terms of this title would be contrary to the public interest, safety, health and welfare.

(Ord. 45-63 §7.14, 1963).

Before the council considers revocation of any permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing. Within five days thereafter, the commission shall transmit a report of its findings and its recommendations on the revocation to the city council.

(Ord. 45-63 §7.15, 1963).