City And Borough Of Sitka
City Zoning Code
City Zoning Code
CHAPTER 22
25 SPECIAL USE PERMITS
§ 22.25.005 General.
Special permits are necessary for conditional uses, variances, planned unit developments, binding site plans and nonconforming uses. This chapter includes provisions for application, review and approval of these permits. Article III of Chapter 22.10 SGC provides procedural requirements associated with permit processing.
(S.G.C. 22.24.005; Ord. 02-1683 § 4, 2002; Ord. 15-51 § 4, 2015)
§ 22.25.010 Conditional uses.
A conditional use is a use that may not be appropriate in a particular zoning district according to the character, intensity, or size of the lot or the surrounding uses. This section establishes decision criteria and procedures for special uses, called conditional uses, which possess unique characteristics. The conditional use permit procedure is intended to afford the municipality the flexibility necessary to make determinations appropriate to individual sites. The commission may attach conditions necessary to mitigate external adverse impacts. If the municipality determines that these impacts cannot be satisfactorily overcome, the permit shall be denied.
A.
Submittal requirements for conditional use applications. Table 22.25.010-1 provides application requirements for all conditional use permits.
Table 22.25.010-1. Conditional Use Permit Application Requirements | |||
|---|---|---|---|
Conditional Uses | Bed and Breakfast Conditional Uses | Short-Term Rental Conditional Uses | Island Conditional Uses |
The applicant may be required to consult with agencies that are responsible for certain portions of the project review. These agencies may include but not be limited to public works and engineering for sewer/water utilities; state DOT/PF; State Department of Environmental Conservation; Army Corps of Engineers; Sitka fire department; local telephone utility; cable television utility; electric department. | |||
Written Documentation • Legal description of all properties involved in the project; • Statement of the objectives expected to be achieved by the project; • Detailed description of all aspects of the project, including land use, building types and sizes, population density, parking and traffic circulation, building coverage and other information which the applicant feels would assist in decision making; • All comments received from each of the agencies and utilities reviewing the project and a statement by the applicant on how the applicant will resolve or meet any problems or anticipated adverse conditions noted by the utility or agency, the statement to list any unresolved problems or adverse conditions. | Written Documentation • Legal description of all property involved in the project; • Statement of the objectives expected to be achieved by the project. | Written Documentation • Legal description of all property involved in the project; • Statement of the objectives expected to be achieved by the project. | Written Documentation • Legal description of all properties involved in the project; • Statement of the objectives expected to be achieved by the project; • Detailed description of all aspects of the project, including land use, building types and sizes, population density, building coverage, waterfront use, clearing, changes to existing visual appearance, and other information which the applicant feels would assist in decision making; • All comments received from each of the agencies and utilities reviewing the project and a statement by the applicant on how the applicant will resolve or meet any problems or anticipated adverse conditions noted by the utility or agency, the statement to list any unresolved problems or adverse conditions. |
Site Plan and Supporting Drawings • As determined by the administration, details of the proposed project showing land use layout, building locations, vehicular and pedestrian circulation, open space and recreation areas, parking layout, schematic water and sewer layout, and any other information necessary to adequately describe the project; • Preliminary subdivision plat layout if required; • Site grading and drainage plan including present and proposed topography; • Conceptual drawings of proposed buildings, signs, and other features that may be required by the administrator. | Site Plan and Supporting Drawings • As determined by the administration, details of the proposed project showing building locations, vehicular and pedestrian circulation, parking layout, and any other information necessary to adequately describe the project; conceptual drawings of proposed buildings or renovations, signs, and other features that may be required by the administrator. | Site Plan and Supporting Drawings • As determined by the administration, details of the proposed project showing building locations, vehicular and pedestrian circulation, parking layout, and any other information necessary to adequately describe the project; conceptual drawings of proposed buildings or renovations, signs, and other features that may be required by the administrator. | Site Plan and Supporting Drawings • As determined by the administration, details of the proposed project showing land use layout, building locations, open space and recreation areas, waterfront development, clearing, schematic water and sewer layout, and any other information necessary to adequately describe the project; • Preliminary subdivision plat layout if required; • Site grading and drainage plan including present and proposed topography; conceptual drawings of proposed buildings, and other features that may be required by the administrator. |
1.
Conditional use permit application initiation periods and termination periods are outlined in Table 22.25.010-2.
Table 22.25.010-2. Initiation and Termination Periods | ||||
|---|---|---|---|---|
Short-Term Rental Conditional Use Permits | Bed and Breakfast Conditional Use Permits | Interim Mobile Homes Conditional Use | All Other Conditional Use Permits | |
Period in which the permit must be activated following planning commission approval or permit becomes void | One year | One year | One year | Two years |
If permit is not used during period, permit becomes void after activation | One year | One year | One year | Two years |
Mandatory review period1 | Set by planning commission at time of approval | Set by planning commission at time of approval | Set by planning commission at time of approval | Set by planning commission at time of approval |
Number of years after approval that permit sunsets | Set by planning commission at time of approval | Set by planning commission at time of approval | Set by planning commission at time of approval | Set by planning commission at time of approval |
Whether permit is transferable upon sale or transfer of ownership of subject property | No | No | Yes | Yes |
Notes: |
|---|
Note (1): It shall be the responsibility of the applicant to submit materials one month prior to the end of any review period. Failure to submit materials within the time specified shall automatically void the approval. |
Note (2): Substantial construction progress must be made on a project approved through the variance process within one year of the date of the variance approval or the approval becomes void. In the event it can be documented that other substantial progress has been made, a one-year extension may be granted by the planning commission if a request is filed within 11 months of the initial approval. |
B.
Conditional use permit provisions for bed and breakfasts.
1.
The information and assurances filed by the applicant for a bed and breakfast conditional use at the time of application shall be binding on all current and future owners of the facility.
2.
There shall be no expansion in the number of guest rooms beyond the number approved.
3.
The number of bed and breakfast sleeping rooms per residence shall be limited to three rooms in an R-1 or related zone and five rooms in an R-2 or related zone.
4.
In no case shall a bed and breakfast be operated in any residence other than an owner-occupied dwelling.
5.
The owner of the residence shall operate the bed and breakfast at all times and shall not contract out the day-to-day management of the operation. In the event the operation or management of the bed and break-fast is conducted by a tenant or party other than the owner who lives in the residence, the conditional use permit shall automatically become void.
6.
Bed and breakfast guestrooms are intended to be spare or surplus guestrooms in owner-occupied single-family dwellings or an owner-occupied unit of a two-family dwelling that are not needed by the owner of the structure for household activities.
7.
Permits shall lapse and become void if the bed and breakfast ceases operation for 12 consecutive months.
8.
There shall be no more than one exterior sign. The sign shall not exceed four square feet.
9.
There shall be a minimum of one off-street parking space for every three guestrooms in bed and breakfast establishments located in single-family residential zones.
10.
Existing bed and breakfasts which do not conform to these rules shall be considered nonconforming uses and subject to the rules relating to nonconforming uses.
11.
It is the intent of the assembly that the provisions of these requirements be strictly followed. However, exceptions may be granted in cases of extreme need or extreme personal or financial hardship. The limitation on the number of the rooms and the use of single-family occupied structures will not be eligible for hardship relief.
12.
For establishment of a bed and breakfast establishment in an existing structure in an R-1 zone, only existing bedrooms may be used for guest rooms.
13.
Limited cooking facilities shall only be allowed inside guestrooms, or inside other rooms that are used solely by the bed and breakfast, such as small toaster ovens, microwaves, and refrigerators.
14.
Timely payment of sales taxes shall be one of the primary indicators of compliance with this section.
15.
When the planning commission approves a permit with the condition referring to the number of children in the facility, the term “children” shall refer to individuals who are 15 years old or younger.
C.
Conditional use permit provisions for short-term rentals.
1.
Short-term rental establishments shall be approved as conditional uses in the R-1, R-1 MH, R-1 LD, R-1 LDMH, R-2, and R-2 MHP zoning districts with the following conditions:
a.
Existing short-term rentals operating in conformance with all other applicable regulations prior to the effective date of the ordinance codified in this section may continue operating as nonconforming uses so long as payments of bed taxes and any other fees are current.
b.
The permit application and process will be the same as that required for bed and breakfasts, including submission and review of both interior and exterior site plans.
c.
Increase in density and other impacts on the immediate surrounding neighborhood which would occur as a result of approval of short-term rentals may be a consideration in the granting of the permit.
d.
Cessation of an approved short-term rental operation for 12 consecutive months shall result in revocation of the permit and require reapplication and approval of a new conditional use permit. Timely payment of sales taxes shall be one of the primary indicators of compliance with this section.
e.
When the planning commission approves a permit with the condition referring to the number of children in the facility, the term “children” shall refer to individuals who are 15 years old or younger.
f.
Primary residence requirements. All short-term rentals approved on or after September 14, 2022, must comply with primary residence requirements as provided below.
i.
To be eligible to apply for a short-term rental, the property containing the short-term rental must also contain the applicant’s primary residence. A primary residence is that which is occupied by the applicant as the applicant’s principal place of residence at least 180 days out of the year as documented by motor vehicle registration, voter registration, and/or other such evidence determined to be conclusive by the planning commission. Applicants will be required to submit a sworn affidavit attesting that the property is their primary residence. An applicant cannot claim more than one property as their primary residence.
ii.
Dwelling units on the property eligible for a permit include a single-family home, a mobile or manufactured home, or the nonowner-occupied unit within a two-family or multifamily unit.
iii.
An approved permit shall automatically become void if the property is no longer the applicant’s primary residence. Permits shall also become void immediately upon sale or transfer of the property. Permits are nontransferable between persons and locations.
iv.
It is the intent of this subsection (C)(1)(f) that the primary residence requirements be strictly followed. However, exceptions may be granted in cases of extreme personal hardship to the applicant determined by the planning commission. In these cases, the maximum term of the permit when an exception is granted is 12 months with one possible, six-month extension if granted upon further application. The applicant shall have the burden of proof to demonstrate the exception is warranted due to circumstances beyond their control such as the employment or health needs of the applicant’s or a family member. Exceptions may not be granted solely to address financial considerations or inconvenience. The property must be the primary residence of the applicant at the time of application for an exception.
2.
Short-term rentals shall be allowed in the other zoning districts subject to the following general rules:
a.
There shall be two parking spaces per dwelling unit.
b.
The number of persons per sleeping area shall comply with the municipal fire code.
c.
Upon filing for sales tax and bed tax accounts, an owner shall obtain a life safety inspection by the building department and shall comply with the requirements proposed by the department.
d.
Legal nonconforming short-term rentals shall comply with these general rules within two years.
e.
Short-term rentals may only be approved for mobile homes that are located along streets maintained by the city and borough or the state of Alaska.
D.
Conditional use permit provisions for mobile homes on an interim basis in the R-1, R-2 and related zones.
1.
The city and borough of Sitka, through the conditional use permit process, may issue a permit for a single-family mobile home or travel trailer or tiny house on chassis on a residential lot in an area not otherwise allowing mobile homes on an interim basis for the purposes of facilitating home construction.
2.
The maximum term of the permit is 12 months with a possible six-month extension.
3.
Full utilities must be installed for the mobile home or travel trailer or tiny house on chassis.
4.
Conditions attached to the approval shall include but are not limited to (a) a pledge of the travel trailer, mobile home, tiny house on chassis, or cash of equivalent value as collateral, and (b) in the event a travel trailer or mobile home or tiny house on chassis is pledged as collateral, funds sufficient to cover the cost of removal and disposal of the unit, and (c) the trailer is for the sole occupancy of the lot owner and neither unit shall be occupied by any other party. Other conditions may include requirements of fencing or landscaping.
E.
In evaluating the inputs of a proposed conditional use permit, the municipality may consider a commercial conditional use to be inappropriate for residential neighbors while the same conditional use may be acceptable when it is located along an arterial or collector street. The additional vehicular traffic generated by conditional uses, such as professional offices, may not be able to be adequately mitigated in residential areas.
1.
Criteria to Be Used in Determining Impacts of Conditional Uses.
a.
Amount of vehicular traffic to be generated and impacts of the traffic on nearby land uses.
b.
Amount of noise to be generated and its impacts on surrounding land uses.
c.
Odors to be generated by the use and their impacts.
d.
Hours of operation.
e.
Location along a major or collector street.
f.
Potential for users or clients to access the site through residential areas or substandard street creating a cut through traffic scenario.
g.
Effects on vehicular and pedestrian safety.
h.
Ability of the police, fire, and EMS personnel to respond to emergency calls on the site.
i.
Logic of the internal traffic layout.
j.
Effects of signage on nearby uses.
k.
Presence of existing or proposed buffers on the site or immediately adjacent the site.
l.
Relationship if the proposed conditional use is in a specific location to the goals, policies, and objectives of the comprehensive plan.
m.
Other criteria that surface through public comments or planning commission assembly review.
F.
Evaluation and approval or denial of conditional use applications for island properties. It is the intent of this code to recognize the unique qualities of islands within Sitka Sound and the substantial differences that exist between individual islands and island groups.
Specific conditional uses may be fully appropriate in certain circumstances and on specific parcels. Uses that are well designed and/or have low impact may enhance surrounding properties and may not create any impacts. Examples may include structures that are built on larger lots away from exterior property lines, uses that are placed in the middle of parcels, uses that do not materially increase activity on easements or moorage, uses where there is a significant vegetative or terrain buffer between properties, and islands that are separated by substantial distances. In these cases, conditional use requests can and should be handled expeditiously.
Conditional uses on other properties may be totally inappropriate due to the concerns such as impacts on adjacent properties, lack of vegetative or distance buffers, noise generation, unmitigated increased usage of access easements, available moorage, location on parcels, and design.
1.
Items to be considered in evaluating island conditional use permits include, but are not limited to, the following:
a.
Location on the lot or island.
b.
Generation of noise.
c.
Numbers of guests and employees.
d.
Visibility from adjacent uses including waterborne traffic.
e.
Use of common access easements.
f.
Availability of necessary moorage.
g.
Use of natural or manmade screening or buffers.
h.
Availability of municipal power.
i.
Distance from adjacent parcels or islands.
j.
Removal of excessive amounts of vegetation.
It is recognized that many applications may be strongly supported after using the criteria above.
If adequate mitigation cannot be accomplished or items such as necessary infrastructure are not available, applications may be denied.
(S.G.C. 22.24.010; Ord. 02-1683 § 4, 2002; Ord. 04-60 §§ 4(F), (G), (U), 2004; Ord. 05-16 §§ 4(O), (P), 2005; Ord. 06-16 § 4, 2006; Ord. 15-39 § 4, 2015; Ord. 15-51 § 4, 2015; Ord. 20-02S(A) § 4, 2020; Ord. 22-21 § 4, 2022)
§ 22.25.020 Variances.
The purpose of this section is to provide a means of altering the requirements of this code in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties with the identical regulatory zone because of special features or constraints unique to the property involved. The city shall have the authority to grant a variance from the provisions of this code when, in the opinion of the planning commission, the conditions as set forth in SGC § 22.10.160(D) have been found to exist. In such cases a variance may be granted which is in harmony with the general purpose and intent of this code so that the spirit of this code shall be observed, public safety and welfare secured, and substantial justice done.
A.
Application requirements. The application shall contain the following data:
1.
Legal description of the property affected;
2.
Plot plan showing the location of all existing and proposed buildings or alterations of such buildings, dimensions to the property lines on all sides from the building(s) and clearly showing the specific relief requested in accordance with the provisions of Chapter 22.10 SGC, Zoning Code Administration.
(S.G.C. 22.24.020; Ord. 02-1683 § 4, 2002)
§ 22.25.025 Commercial home horticulture permits.
A.
Application requirements. Same as conditional use application outlined in Table 22.25.010-1.
B.
Standards, dimensions, and setbacks.
1.
Garden stands: maximum shall be size six feet by eight feet with awning.
2.
The annual period of use shall be May 1st through October 30th. Stands must be portable and removed in off season.
3.
Setbacks from lot lines shall be a minimum five feet.
4.
Driveways on adjacent lots shall not be blocked.
5.
Sales are permitted a maximum of four hours a day, twice a week.
C.
Review criteria. In evaluating applications under this section, the planning commission shall consider the overall plan of operation, potential adverse impacts on adjacent properties including but not limited to odors generated, and adequacy of parking along the right-of-way.
D.
Review procedure and authority to approve. Upon receipt of a completed application for a garden stand under this section, there shall be a four-week notice period to include not less than two planning commission meetings. Notice shall be provided to properties within 300 feet of the applicant’s property. The planning commission is authorized to approve or deny garden stand conditional use permit applications submitted under this section. Approvals and denials may be appealed to the assembly.
E.
In order to obtain a permit, the applicant must present an Alaska business license and proof of sales tax account registration (business registration) with the city and borough of Sitka. The applicant acknowledges the requirement to remit sales tax in accordance with the city and borough of Sitka sales tax code, Chapter 4.25 SGC. The applicant also acknowledges that the sales tax exemption in SGC § 4.25.100(A) will not be permissible under this section.
F.
Sunset and revocation. Permits issued under this section shall sunset two years after approval. Permit renewal shall follow the same process as initial application. Permits may be revoked by the planning commission following a public hearing.
G.
This section supersedes other code sections that may be in conflict, including setbacks for garden stands.
(S.G.C. 22.24.025; Ord. 14-38A § 7, 2014)
§ 22.25.026 Marijuana conditional use permits.
A.
Intent. This section shall govern the approval of all conditional use permits for the following uses defined as: SGC § 22.05.1000, marijuana establishment; marijuana cultivation facility; marijuana cultivation facility, limited; marijuana product manufacturing facility; marijuana product manufacturing facility, extract only; marijuana retail facility; marijuana testing facility; and on-site marijuana consumption facility. Such uses shall only be approved where there are no negative impacts that exist or where any negative impacts are mitigated through conditions that shall mitigate any potential negative impacts to preserve the public’s health, safety, and welfare.
B.
Application requirements. Same as conditional use application in Table 22.25.010-1.
C.
Standard regulations, dimensions, and setbacks.
1.
Owners, operators, and staff of conditional uses shall comply with all state and municipal licensing regulations.
2.
All licensed facilities shall comply with all life and safety regulations as promulgated by the municipal building official.
3.
All licensed manufacturing and cultivation uses shall provide a fire safety plan, material handling plan, and comply with all fire safety regulations that satisfy the fire marshal or their designee and the building official.
4.
All licensed facilities and/or uses shall provide screening from public view of any marijuana-related commercial, retail, consumption, cultivation, or manufacturing use.
5.
All licensed facilities and/or uses shall establish an active sales account and business registration with the municipality and shall comply with all standard and required accounting practices.
6.
It shall be a standard regulation that all conditional uses comply with all applicable state regulations and licensing laws or it shall be deemed to abandon and extinguish any associated municipal license or conditional use permit.
7.
All approved conditional use permits shall comply with all of the Sitka General Code or shall be deemed to abandon and extinguish any associated municipal license or conditional use permit.
D.
All proposed licensed facilities and/or uses for a conditional use at a specific location shall be reviewed according to the following objective criteria to determine whether the proposed use presents any negative impacts to the public’s health, safety, and welfare:
1.
All criteria listed in SGC § 22.25.010(E)(1);
2.
Any impact or criteria that surfaces through public comment, planning staff review, or planning commission review.
E.
Findings of fact. Upon review and considerations of the required criteria, the planning commission shall determine whether the proposed use(s) at the proposed project location are found to not present a negative impact to the public’s health, safety, and welfare.
1.
If such a finding can be made, then the proposed use shall be approved with standard regulations, dimensions, and setbacks.
2.
In the alternative, where the planning commission finds negative impacts are present, the planning commission shall only approve conditional use permits where the negative impacts can be adequately mitigated by conditions of approval that preserve the public’s health, safety, and welfare. These conditions of approval shall be case-by-case specific and in addition to the standard regulations.
3.
If negative impacts to the public’s health, safety, and welfare cannot be mitigated through conditions of approval then the planning commission shall so find and deny the proposed conditional use permit.
(S.G.C. 22.24.026; Ord. 16-11 § 4, 2016; Ord. 25-12 § 4, 2025)
§ 22.25.030 Planned unit developments.
A.
Purpose. Planned unit developments are land use overlays intended to encourage the enhancement and conservation of lands having scenic, environmental, cultural and historical significance; create alternatives to typical subdivision development patterns; provide for more efficient use of land; and encourage harmonious and coordinated development considering natural features, community facilities, pedestrian and vehicular circulation, and land use relationships with surrounding properties and the general community.
B.
General conditions. Planned unit developments shall be granted consistent with the provisions of the underlying residential, commercial or industrial zoning.
C.
Application requirements. Planned unit development application and approval procedures are governed by SGC Title 21, Subdivisions.
(S.G.C. 22.24.030; Ord. 02-1683 § 4, 2002)
§ 22.25.040 Binding site plan approval.
A binding site plan is required for all projects noted in this chapter. Applications for approval shall include:
A.
All information required for a preliminary or minor subdivision plat;
B.
The size and location of all structures;
C.
A landscape plan indicating the location of existing vegetation to be retained, location of vegetation and landscaping structures to be installed, the type of vegetation by common name and the size of new plantings at the time of installation;
D.
Schematic plans and elevations of proposed buildings with samples of finish materials and colors, the type and location of exterior lighting, signs and accessory structures;
E.
Inscriptions, covenants, or other attachments defining the limitations and conditions of development;
F.
Phasing plans; and
G.
Assurances that the development will be completed in conformance with the site plan.
(S.G.C. 22.24.040; Ord. 02-1683 § 4, 2002)
§ 22.25.050 Nonconforming use permit.
A.
Purpose. The purpose of this section is to establish decision criteria and procedures to allow reasonable limited expansion and continuance of nonconformities as defined in SGC § 22.05.1060. Nonconformities including lots of record, buildings, and uses of land require a special degree of control to ensure compliance with applicable regulations and compatibility with the comprehensive plan, adjacent uses and the character of the surrounding areas. Limited exceptions, expansions or changes of use are allowed after approval of a nonconforming use permit by the city or after approval of an administrative nonconforming use permit. Nonconformities which do not comply with the provisions of this section shall be abandoned pursuant to city action.
1.
Nonconforming use permit. Exceptions to the development standards of this title are allowed after approval from the city through a nonconforming use permit. The city may impose such conditions as deemed necessary to ensure proposals conform to the intent of the comprehensive plan and this code.
B.
Prior construction. No provision of this chapter shall be construed to require any change in plans, construction, alteration or designed use of a building for which a building permit has been issued prior to the effective date of the ordinance codified in this title; provided, that the construction has been diligently begun and prosecuted within one month of the date of permit issuance and is completed according to plans filed with the application for the building permit within one year of the date of issuance of the building permit.
C.
Nonconforming lots of record.
1.
Notwithstanding limitations imposed by other provisions of this title, a one- or two-family structure may be erected on a single nonconforming lot of record. Such lot of record shall not have contiguous frontage with more than one other such nonconforming lot of record in the same ownership. All other structures shall comply with this title or obtain relief through the conditional use process. This section shall apply even though the lot fails to meet requirements for lot area, lot width, or both. Variance of yard requirements shall be obtained through the proper procedure as set forth in SGC § 22.25.020.
2.
If three or more undeveloped existing nonconforming lots of record with contiguous frontage are held in a single ownership, the lands involved will be considered to be an undivided parcel and no portion shall be sold or used which does not meet the requirements for area and width. Any such series or combination of land ownership shall be required to resubdivide the property in order to conform to existing requirements.
D.
Nonconforming uses of land. Where, at the time of the passage of the ordinance codified in this title, lawful uses of land existed that would not be permitted under the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful; provided, that:
1.
No such nonconforming uses of land shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the date of the adoption of the ordinance codified in this title.
2.
No such nonconforming uses of land shall be moved, in whole or part, to any portion of land or lot or parcel other than that occupied on the date of the adoption of the ordinance codified in this title.
3.
If, for any reason whatsoever, the nonconforming use of land ceases for a period of 12 consecutive months or one year, any subsequent use of the land shall conform to the regulations specified in this title for the district in which the land is located.
4.
No additional structures not conforming to the requirements of this title shall be erected in connection with such a nonconforming use of land.
E.
Reconstruction of nonconforming structures.
1.
If a nonconforming structure is damaged by any natural disaster such as fire, flood, landslide, avalanche or earthquake or any other inadvertent occurrence, not including normal weathering, so that the cost of the repair or replacement of the structure exceeds two-thirds of the replacement value of the entire structure, exclusive of foundations, using new materials, then such structure shall not be rebuilt, unless the structure and its intended use comply with this title.
2.
Nonconforming structures may be replaced or reconstructed on the same footprint of the original structure, with the exception of encroachments into public rights-of-way or adjacent property, provided the intended use of the structure is the same as, or less intensive than, the prior use and is a permissible use in the district. Projections beyond the footprint, including architectural features, roof eaves, foundation footings, porches, decks, terraces, patios, unenclosed stairways and fire escapes, and attached structures, may also be replaced or reconstructed as they existed on the original structure with the exception of encroachments into public rights-of-way or adjacent property.
3.
The determination of whether a structure is destroyed to the extent described shall be made by the building official. If the building official determines that the foundation of the structure is not reusable due to damage or substantial noncompliance with SGC Title 19, the building regulations code, then the structure may be replaced or reconstructed to the same footprint and the footprint shall be relocated on the lot so as to reduce, to the extent reasonably feasible, the occurrence or severity of any nonconforming setbacks, taking into consideration topography, shape and size of the lot, and all other relevant factors. However, if such relocation is not reasonably feasible, the structure may be replaced or reconstructed to the same footprint on the original location.
4.
An as-built survey or other proof of the footprint and location of the original structure and projections beyond the footprint is to be provided to the municipality prior to issuance of a building permit. A structure may be replaced or reconstructed under this subsection with the same number of off-street parking spaces as were provided for the original structure.
5.
Nothing in this subsection waives any other applicable laws or regulations, including, but not limited to, SGC Title 19, the building regulations code.
6.
It is recognized that the extreme weathering conditions hasten the involuntary destruction of steps, stairs, and decks. Said structures, including carports with only one exterior wall, may be reconstructed in their original footprint without gaining relief through the variance process. This provision only applies to structures that were in compliance with zoning regulations when they were originally constructed.
F.
Extension of nonconforming structures and uses. Substantial alterations, expansions creating a material change in use or impacting adjacent properties, or moving of nonconforming structures or uses shall be subject to the following:
1.
Variances are required for extensions of nonconforming single-family structures including mobile/manufactured homes and nonconforming accessory buildings on lots containing single-family structures, when the proposed extensions are within the required setbacks of the zoning district.
2.
Conditional use permits are required for all other proposed changes to nonconforming structures and uses not covered in subsection (F)(1) of this section. This applies when a nonconforming use is to be changed to another equally nonconforming use. Conditional use permits granted in accordance with this section shall not change the fact that the use is still nonconforming and subject to the terms and conditions set forth in this title.
G.
Abandonment. An exception to these provisions may be granted by the city for special cases when the nonconforming use was discontinued for a period of time greater than one year subject to city approval of evidence provided by the applicant showing that the discontinuance was beyond the applicant’s control. The city may consider circumstances such as, but not limited to, the following:
1.
The property or structure has been involved in litigation;
2.
Attempts to lease the site are ongoing due to length of time involved for marketing of premises;
3.
The structure is a specialized type of building requiring a specialized type of use due to equipment, processes or configuration; or
4.
There is an uniqueness to the property giving the use special operating characteristics such as its location in relationship to transportation facilities, open spaces needed for operations or its proximity to other critical activities such as mineral extraction.
(S.G.C. 22.24.050; Ord. 02-1683 § 4, 2002; Ord. 04-60 § 4(C), 2004)