The purpose of this chapter is to establish limitations on the expansion of nonconforming uses and structures.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

The provisions in this chapter shall apply to structures, land, or uses which become nonconforming as a result of a change of the zoning map, annexation, or changes made in the zoning ordinance.

Special provisions address the agriculture/ranching (A/R) designation in this chapter. In the case of a conflict between the general provisions of this chapter regulating nonconforming uses and the provisions of this section governing land classified as A/R, the provisions of A/R sections shall prevail.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

In addition to those definitions in Chapter 18.03, the following definitions shall also apply to this chapter:

"Lot of record" means a parcel which was in compliance with both the platting, if applicable, and zoning laws in existence when the parcel was originally created.

"Nonconforming building or structure" means any building or structure which does not comply with one or more of the regulations in the zoning code by reason of a change in the zoning map, annexation, or a change in the zoning ordinance.

"Nonconforming use" means a lawful use of land prior to the adoption, amendment, or revision of this code, but fails by reason of such adoption, revision, or amendment to conform to the zoning district in which it is located

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

An authorized use or structure may be erected on a vacant lot of record containing less area than required by the zone district in which it is located; provided, setback requirements, as well as other applicable dimensional standards of this title are met. For example, a fifty feet by one hundred feet (five thousand square feet) lot of record which is nonconforming by current zoning regulations may be built upon as long as the setbacks, building height, and lot coverage provisions are met.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A.

A nonconforming use or building may be continued, provided it complies with the following Sections 18.41.070 and 18.41.080 of this chapter.

B.

In order for a nonconforming use or building to continue it must have been lawfully established prior to the change in the zoning map, annexation, or change in the zoning code that caused it to be a nonconforming use or building.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A.

A nonconforming use shall be discontinued if it ceases to be used continuously for that particular use for twelve consecutive months.

B.

A nonconforming building or structure shall be discontinued if it ceases to be used continuously for the purpose for which it was built for twelve consecutive months.

C.

A nonconforming building or structure shall be discontinued if it is destroyed by fire or other cause, and rebuilding does not commence within twelve months.

D.

The community development director shall have the discretion to extend the time limitations of subsections A, B, and C of this section due to special circumstances beyond the control of the owner or occupant of the nonconforming use or nonconforming structure. Examples of special circumstances include, but are not limited to disputes over insurance settlements in the case of fire or other casualty, delay in transferring title due to probate proceedings, litigation that impacts continuation of a nonconforming use or nonconforming structure, labor strikes, war, and acts of God. Requests for an extension must be submitted thirty days prior to the expiration date. The decision of the community development director denying any request for an extension may be appealed to the city council pursuant to CMC Chapter 18.55 Administration and Procedures of this title.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

A nonconforming structure or building may be continued so long as the structure conforms to the following provisions:

A.

A building conforming as to use but nonconforming as to the density provisions of the district in which such building is located may be altered, repaired, or extended, providing that the alteration, repair, or extension does not further exceed or violate the appropriate density provisions. (For example, a building encroaching in a setback area shall not further encroach into the setback area as a result of an alteration).

B.

A building designed and built for, or devoted to, a nonconforming use at the time of the adoption of the code, may not be enlarged or structurally altered unless the use of such building is changed to a conforming use, or to a more appropriate use in accordance with Section 18.41.080(E) of this chapter.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A nonconforming use of land may be continued so long as it conforms to the following provisions:

A.

No such nonconforming use shall be enlarged, increased, nor extended to occupy a greater use than was occupied at the effective date of adoption of this title;

B.

No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this title;

C.

If any such nonconforming use ceases for any reason for a period of more than six months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located;

D.

No existing structure devoted to a use not permitted in the underlying zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located;

E.

If nonstructural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the board of adjustment, by making a finding in the specific case, shall find that the proposed use is more appropriate to the zone than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the provisions of this title;

F.

Any structure, or structure and land in combination, in or on which a nonconforming use becomes a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A.

Structural alterations of a dwelling unit necessary to comply with public health or safety issues, as determined by the community development director or building official may be permitted without review.

B.

Notwithstanding other provisions of this chapter, nonconforming dwelling units may be enlarged, replaced, or structurally altered when, at the discretion of the community development director, the following are satisfied:

1.

The proposed enlargement or structural alteration will not result in additional dwelling units on the site;

2.

The proposed enlargement or structural alterations will generally result in improvements to the subject property and character of the surrounding area;

3.

In the case of enlargement, the enlarged portion of the dwelling unit conforms to the dimensional requirements of the zone.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscape improvements for any legal landscape area which existed on the date of adoption of this title, unless and until a change of use or alteration of the structure is proposed. At such time as a change is proposed for a use, or structure, and associated premises which does not comply with the landscape requirements of this title, a landscape plan which substantially conforms to the requirements of this title shall be submitted to the city prior to the issuance of building permits. The city may modify the standards imposed by this title when, in its judgment, the existing and proposed additional landscaping and screening materials together will adequately screen or buffer possible use incompatibilities, soften the barren appearance of parking or storage areas, and/or adequately enhance the premises appropriate to the use district and location of the site.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

Nothing in CMC Chapter 18.11 Parking of this title shall be construed to require change in any aspect of a structure or facility, including but not limited to, parking lot layout, loading space requirements, and curb-cuts, for any structure or facility which existed on the date of adoption of this title. If a change of use takes place, or an addition is proposed which requires an increase in the parking area the requirements of Chapter 18.11 shall be complied with for the additional parking area.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

Legally preexisting mobile homes may continue to exist and be used, but if replaced the replacement shall not be a mobile home. The mobile home may be replaced with a HUD-approved manufactured home and must also meet the following standards:

A.

Shall have roofing material that is residential in appearance including, but not limited to approved wood, asphalt composition shingles, or fiberglass, but excluding corrugated aluminum, corrugated fiberglass, or metal roof;

B.

Shall have a minimum roof pitch of three inch rise for each twelve inches of run, or about twenty-five percent;

C.

Shall be installed in accordance with manufacturer's instructions, which shall include design specifications for earthquake and wind load factors;

D.

Shall have exterior siding that is residential in appearance including, but not limited to, clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes, or similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels;

E.

Shall have the hitch, axles and wheels removed;

F.

Shall be set on a perimeter foundation or pier blocks, and thereafter, properly backfilled or skirted.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

For nonconforming signs, see the applicable regulations in CMC Chapter 18.15 Signs of this title.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

A.

Conversion or removal of a nonconforming structure or use shall be commenced not later than sixty days after the date of abandonment and shall be completed within six months thereafter.

B.

In the event of a failure of the owner of record to complete, or cause to be completed, removal or conversion, the community development director may, within ninety days after notice to the owner of record, cause or undertake removal of all nonconforming structures or uses, and charge the cost thereof against the property.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

There is created a special category for nonconforming uses of land used either commercially or noncommercially for the raising of crops or livestock, or any similarly related farming, ranching, or agricultural use. Such land shall be classified A/R. In the case of a conflict between the general provisions of this chapter regulating nonconforming uses and the provisions of this section governing land classified as A/R, the provisions of this section shall prevail:

A.

Annexation. Any land annexed to the city that is used either commercially or noncommercially for the raising of crops or livestock, or any similarly related farming, ranching, or agricultural purpose shall be classified as A/R. Subject to the provisions of this section regarding sale, partition, conveyance, or other transfer of such land, and subject to the provisions of Section 18.41.060 of this chapter regarding discontinuance of use, the A/R classification shall be perpetual.

B.

Sale Restrictions. Property that is classified as A/R and that is sold, conveyed, or transferred as an entire unit shall continue to be classified as A/R so long as the new owner or transferee continues to use the land for agricultural purposes. An entire unit of land for agricultural purposes of this section shall include all land that is owned by the same person or persons, and that is contiguous, exclusive of public roads.

C.

Partial Sale. Upon sale, conveyance, transfer, or partition of less than an entire unit of land, only one parcel of the entire unit of land so divided shall be allowed to retain the A/R classification. The parcel retaining the A/R classification shall be designated by the seller, must consist of a minimum of ten acres, and must then constitute an entire unit of land that will continue to be used for agricultural purposes. The parcel or parcels not retaining the A/R classification shall be no longer classified as nonconforming, and shall be zoned in accordance with the zoning classification then in effect, pursuant to the zoning ordinance of the city.

D.

Residential Structures. A second residential structure may be constructed on land classified A/R without requiring a partition or sale of the land, and without causing a change in the A/R classification of the land, provided however, that ownership of the entire unit of land shall remain within the same family. For purposes of this section, family shall include lineal descendants, lineal ascendants, and siblings of the record owner of such land.

E.

Construction of any new residential structures or garages used for nonagricultural purposes, and any alterations, modifications, or additions to existing residences or garages used for nonagricultural purposes shall be done in conformity with the city building code, and shall be subject to standard permit fees and inspection procedures.

F.

Accessory Structures. Accessory or secondary structures used for agricultural purposes, and alteration, modification, and additions to existing accessory or secondary structures used for agricultural purposes, shall be exempt from city building code requirements including permit fees and inspections. Nothing contained in this section shall be deemed to exempt such accessory structures from applicable state safety, health, and construction regulations.

G.

Such accessory or secondary structures used for agricultural purposes shall not be subject to density or setback requirements of the city, except that any new accessory structures shall be set back at least fifty feet from the property line when land classified A/R abuts property which is not classified A/R.

H.

Fences. Barbed wire and electric fences shall be permitted on land classified A/R. All electric fences in such instances shall be clearly identified. Maintenance, repair, and replacement of existing fences shall be governed by state law.

I.

Water Systems. Land classified A/R shall be permitted to have its own domestic and agricultural water supply systems so long as the water used for domestic purposes meets state health and safety standards. Periodic inspections of domestic water systems may be required to insure compliance with state health standards, or in the alternative, proof of compliance with state health standards may be required.

J.

Sanitary Systems. Land classified A/R shall be permitted to have its own self-contained sanitary system so long as the entire unit of land consists of one acre or more. State health standards shall apply to such sanitary systems and the operations thereof, and periodic inspections or proof of compliance may be required to insure that such health standards are not being violated.

K.

Lot Clearing. City ordinances governing the clearing of vacant land lots shall not be applicable to land classified as A/R; provided, however, that the vacant land lot clearing regulations will apply to a fifteen-foot strip adjacent both to any public road, and to any contiguous property not classified A/R. Nothing in this section shall be construed to relieve the owner of such land from state and county regulations for weed control, such as: tansy ragwort, Canadian thistles, and other noxious weeds.

L.

Product Sale. Sales of products derived from farming, ranching, and similar agricultural activities on land designated A/R may be conducted on such property, and shall be subject to state regulations governing the same.

M.

Signs. The regulations governing signs in CMC Chapter 18.15 Signs of this title for the respective zones shall be applicable.

N.

Variance—Conditional Use. The provisions of CMC Chapters 18.43 Conditional Use Permits and 18.45 Variances of this title pertaining to conditional uses and variances shall be applicable to property classified A/R.

O.

Nuisances. Sounds, odors, activities, and conditions that are incidental to and a normal part of agricultural uses shall not be a cause for complaint, and shall not constitute a nuisance on land classified A/R under the relevant ordinances of the city.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)