Chapter 18.68   NONCONFORMING USES, STRUCTURES AND LOTS

Sections:


18.68.010   Intent.

Within the districts established by this title, there exist uses, lots and structures which were lawful before the adoption of this title, but which would be prohibited, regulated, or restricted under the terms of this title. It is the intent of this chapter to permit these nonconformities to continue until they are removed. It is also the intent of this chapter to, under certain circumstances and controls, and subject to public review, to potentially allow the enlargement, intensification or other modification of nonconforming uses and structures, consistent with the objectives of maintaining the economic vitality of such uses and structures, and protecting the rights of other property owners to use and enjoy their properties.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.68.020   General provisions.

A.

Abandonment or Discontinuance. A nonconforming use shall be deemed abandoned by discontinuance or abandonment for a period of one year or more, and any subsequent future use of such land or buildings shall be in conformity with the provisions of this title. In general, evidence of abandonment or discontinuance shall be based upon cessation of use of public water, sewer and/or other utilities; if a business use, failure to obtain a city or state business license; or by corroborated observation.

B.

Restoration of Structures which Contain a Nonconforming Use After Damage or Destruction. Any structure which contained a nonconforming use that is damaged or destroyed by fire, earthquake, explosion or other casualty, may be repaired or restored and the occupancy or use which existed prior to such destruction or damage may be reestablished, provided the extent of damage does not exceed seventy-five percent of current replacement cost. Such activity shall not increase the extent, floor area or physical dimensions of the original structure or increase the nonconformance of the original pre-existing use unless an administrative conditional use permit has been issued pursuant to the standard contained within this chapter. Any actions to rebuild, repair or restore shall commence within twelve months from the date of such damage and shall be completed within eighteen months of the date that the damage occurred.

C.

Hardship. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building for which a complete building permit application has been accepted prior to adoption of this chapter and for which construction is conducted such that the permit remains valid.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.68.030   Nonconforming uses.

A.

Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, and land in combination shall not be extended or enlarged after the effective date of the ordinance codified in this chapter, by attachment on a building or premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved except as provided for in this chapter.

B.

A nonconforming use may be expanded or extended throughout the structure occupied by the original nonconforming use. The structure's usable floor area may only be increased pursuant to granting of an administrative conditional use permit.

C.

Normal upkeep, repairing and maintenance of a structure which contains a nonconforming use is allowed, provided such activities shall not increase the usable floor area, height, or alter the physical dimensions of the structure.

D.

A nonconforming use of a structure may continue and may be transferred to a new owner of the property.

E.

A nonconforming use of a structure may be changed outright and at any time to a use permitted in the zone classification in which the use is located, provided the standards generally applied to the zone classification and which allow occupancy are met.

F.

A nonconforming use of a structure may be changed to another nonconforming use in the same or less intensive use category as defined in this title provided the following conditions are met:

1.

The change will not increase the cumulative generation of vehicle trips by more than ten percent, as determined by the director after consulting the most recent version of the Institute of Transportation Engineers Trip Generation Handbook or review of a trip generation data submitted by a professional traffic engineer;

2.

The change will not increase the amount of required parking by more than ten percent;

3.

The change in use will not result in an increase in noise perceptible at the boundary lines of the property;

4.

The change will not result in any additional light or glare perceptible at the boundary lines of the property;

5.

The change will not result in an increase in outdoor storage of goods or materials.

6.

A proposed change in use that does not meet all of criteria 1—5 above may be approved by the granting of an administrative conditional use permit.

G.

A nonconforming use that has been determined to have been abandoned or discontinued may potentially be re-established to the same use or a use in the same or less intensive use category as defined by this title, subject to the granting of an administrative conditional use permit and conformance with the criteria noted in Section 18.68.030(F)(1)—(5). The director may require an applicant to furnish financial surety to ensure compliance with any conditions of approval.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.68.040   Cancellation or revocation of an administrative conditional use permit granted for a nonconforming use.

A.

An administrative conditional use permit granted to allow a nonconforming use to re-establish, be changed in use, or expand pursuant to Section 18.68.030 may be cancelled by the director after receiving written request from the property owner. Said permit shall become null and void within 30 calendar days thereafter.

B.

Any affected individual may petition the hearing examiner to revoke an administrative conditional use permit granted to allow a nonconforming use to re-establish, be changed in use, or expand pursuant to Section 18.68.030. Following a public hearing, the hearing examiner may revoke or add additional conditions to any issued permit on any one or more of the following grounds:

1.

The approval was obtained by fraud or that erroneous information was presented by the applicant and considered in the granting of the permit;

2.

That the use for which the permit was granted is not being conducted;

3.

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;

4.

That the permit granted is being, or recently has been, conducted contrary to the terms of conditions of approval, or in violation of any stature, ordinance, law or regulation;

5.

That the use for which the permit was granted is being conducted so as to be detrimental to the public health, safety or general welfare or so as to constitute a nuisance.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.68.050   Nonconforming structures.

A.

A structure which is nonconforming only by reason of substandard yards, open spaces or other development standards may be structurally altered, enlarged or repaired provided such activities shall not increase the extent of the nonconformity except through the granting of a variance or as otherwise allowed in subsection C.

B.

A structure which is nonconforming only by reason of height may be structurally altered, enlarged or repaired provided such activities shall not increase the height of the structure except through an approved variance.

C.

Enlargement or modifications of a nonconforming structure may be permitted if the extent of encroachment is not increased as a result of the enlargement or modification and the requested structural addition does not result in more than a twenty-five percent increase in the square footage of all structural floor area currently within the setback area.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.68.060   Nonconforming lots of record.

A.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in existence on the date of adoption of this title, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

B.

This provision shall apply even though such lot fails to meet the requirements for lot area or minimum lot depth or width, that are applicable in the district. Variance of yard requirements shall be obtained only through action as provided in this title.

C.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title; nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)