Davis City Zoning Code

ARTICLE 40

28 NONCONFORMING USES AND STRUCTURES

§ 40.28.010 Applicability of article generally.

Within the districts established by the zoning ordinance or amendments thereto, there exist structures, land uses, and characteristics of uses which were lawful prior to the adoption of or amendments to the ordinance, but which, by reason of such adoption or amendment, fail to conform to the present requirements of the zoning district. It is the purpose of this article to:

Permit the continued operation of such uses while guarding against such uses becoming a threat to more appropriate development;

Provide for the eventual elimination of those uses likely to be most objectionable to their neighbors, and which are deemed to be harmful to the community environment and not in the best public interest; and

Limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and standards prescribed in this zoning ordinance, and by regulating their restoration after major damage.

(Ord. 296 § 26.1; Ord. 1894 § 2)

§ 40.28.020 Continuing existing uses and structures.

Except as otherwise specified, any use, building or structure, existing on the date a zoning ordinance amendment rendered the use or structure nonconforming, may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located; provided, that:

The use or structure was not established in violation of any zoning ordinance previously in effect in the area which constitutes the city, unless such use or structure now conforms with this chapter; and

Such use or structure does not constitute a nuisance.

(Ord. 296 § 26.2; Ord. 1894 § 3)

§ 40.28.030 Existing uses which handle hazardous materials.

Any use located in an industrial, industrial research or planned development zoning district, existing prior to June 27, 1986, which handles hazardous materials, as defined in Section 40.01.010 of this chapter, is made nonconforming by Ordinance No. 1377. Any such existing use shall apply for a conditional use permit or final planned development within the period of one year from the effective date of Ordinance No. 1377.

(Ord. 1377 § 10)

§ 40.28.040 Conditional uses.

Any use existing on March 6, 1963, which is listed as a conditional use in the district wherein located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter. Any use which was a permitted use until the date a zoning ordinance amendment changed the use to a conditional use in the district wherein located shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.

(Ord. 296 § 26.3; Ord. 1894 § 4)

§ 40.28.050 Enlargement, alteration, etc., of nonconforming uses.

No building existing on the date a zoning ordinance amendment rendered the use nonconforming which is devoted to a use not permitted by this chapter in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as provided in this article.

(Ord. 296 § 26.4; Ord. 1894 § 5)

§ 40.28.060 Reduction or extension.

When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100 the reduction or extension of a nonconforming use may be made if such reduction or extension is determined by the planning commission to create lesser discrepancy between the existing conditions and the zoning requirements for the district.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100, enlargement or completion of a structure devoted to a nonconforming use may be made where such extension is necessary and incidental to the existing use of such structure.

When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming if no structural alterations, except those required by law, are made therein.

(Ord. 296 § 26.5; Ord. 1894 § 6)

§ 40.28.070 Cessation of use.

If a nonconforming use of a structure ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zoning district in which it is located. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

No nonconforming use of land, not involving any building or structure, except minor structures such as fences, signs and buildings less than four hundred square feet in area, where such use has ceased for ninety days or more, shall again be put to a nonconforming use. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. 296 § 26.6; Ord. 1894 § 7)

§ 40.28.080 Methods of determining time for discontinuance of use.

It is hereby declared that nonconforming uses within the city are detrimental to the orderly development of the city and are detrimental to the health, safety, peace, comfort and general welfare of persons and property within the city. It is further declared to be the policy of the city that such nonconforming uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of the owners of such nonconforming property. The nonconforming uses of land designated in this article are illegal and prohibited after the useful economic value of the structures has been consumed or realized by the owner of such structures. For a determination of the time when such nonconforming use shall be discontinued, the following tests and procedures are established as contained herein.

The economic value of a nonconforming structure shall be the appraised market value of such structure as determined by the assessor of the county in determining the assessed value for tax purposes on the first Monday in March immediately following March 6, 1963.

The value so established shall be depreciated by a standard method of depreciation accepted and used generally in the business world. When such structures have been depreciated to their salvage value, they shall be considered to have no further economic value and their nonconforming use shall be discontinued and the structure shall be removed; provided, that the following presumption shall apply:

That the nonconforming uses of land not involving any building or structure other than minor structures such as fences, signs and buildings of less than four hundred square feet in floor area will be depreciated at not less than one hundred dollars a year or in two years, whichever results in the later discontinuance;

That a nonconforming structure having an appraised market value of five hundred dollars or less will be depreciated at not less than one hundred fifty dollars a year or in three years, whichever results in the later discontinuance;

That all other structures will be depreciated in not to exceed the number of years designated by the United States treasury department for the depreciation of such structures for income tax purposes, whether or not the property is so used as to be depreciable for income tax purposes.

Such mandatory discontinuance of nonconforming uses is applicable to the following as contained herein:

All nonconforming uses involving structures of an appraised market value of five hundred dollars or less;

Uses permitted in a C-N, C-C, C-S, CMU, I-R or I district, but located in and nonconforming in an R district or A district designated for residential use in the master plan;

Nonconforming residential or commercial uses located in an or I district.

Should an owner of property upon which a nonconforming use has been administratively ordered discontinued disagree with such order, such owner shall be entitled to present the evidence to rebut the presumption contained herein. The city council may approve the discontinuance order or may set a future date upon which such nonconforming use shall be discontinued.

(Ord. 296 § 26.7)

§ 40.28.090 Nonconforming outdoor advertising, billboards and signs.

All signs, billboards and outdoor advertising structures which are nonconforming according to the provisions of Section 40.26.020 as enacted in Ordinance No. 296, Section 26.8, and Ordinance No. 410, Section 1, and which continue to be nonconforming according to the provisions of Section 40.26.020 as amended by Ordinance No. 614, shall be abated or altered to comply with the requirements of Ordinance No. 614 within ninety days of the effective date of Ordinance No. 614.

All outdoor advertising, billboards and signs which exist on the effective date hereof which were previously in conformance with the provision of Section 40.26.020 and which are made nonconforming by Ordinance No. 614, and all outdoor advertising, billboards and signs which exist at the time the site containing such items as annexed to the city, shall be abated or altered to comply with the provisions hereof within the amortization periods hereinafter prescribed If any such item is not so abated or altered, it shall be in violation of this ordinance.

Signs prohibited by Section 40.26.020 in the following subsections: (a)(5) relating to traffic hazards, (a)(6) relating to certain lighted and blinking signs, (a)(12) relating to obsolete signs and (a)(13) relating to banners, similar nonstationary signs and moving signs—Ninety days.

Signs prohibited by Section 40.26.020 in the following paragraphs: (e)(5) and (f)(3) relating to placement of signs in certain designated districts, if not otherwise covered by subsection (a) of this section—One hundred eighty days.

Signs prohibited by Section 40.26.020 in the following subsections: (a)(14) insofar as such subsection relates to the size and height of signs, (c)(5) relating to the number of signs in apartment developments, (d)(1), (e)(1)—(4) and (6), (f)(1), (2) and (4)—(6) and (g)(1)—(4), relating to the size, height and location of signs in all commercial, industrial, residential transitional and professional and administrative districts—One year.

Signs not in conformance herewith not otherwise covered by the immediately preceding subsections (1)—(3) inclusive—Two years.

Any sign which by the amendment of Ordinance No. 614 shall be authorized to raise its height or location may be so raised or relocated without otherwise being made to conform herewith if a variance had previously been granted for such sign which variance has not expired by its terms. Such raising of height or location shall not authorize the erection of a new or substantially altered sign.

Any sign prohibited by this section shall be abated or altered to comply when being reviewed in conjunction with applications on a particular site upon which the nonconforming sign exists. The nonconforming sign is thereby considered a part of a larger total sign program.

Prior to the expiration of any amortization period contained in subsection (b) of this section, a written request may be made for an extension of the amortization period on such application form as provided by the community development and sustainability department. The applicant shall substantiate why an extension is necessary by stating sufficient information to enable the city council to consider the factors hereinafter set forth. An extension request shall be heard and considered by the city council at a public hearing, properly noticed. The city council shall base its decision upon the following factors:

The original cost of the sign;

The date the sign was constructed and located on the site;

The degree of deviation from the sign regulations of this article;

Whether unusual circumstances concerning the sign's size, height, location or nature are present;

Whether the removal or alteration of the sign within the prescribed amortization period would create an unnecessary hardship inconsistent with the intent of sign amortization;

The effect of the nonconforming sign on the use, value, and enjoyment of surrounding and neighboring properties;

The least amount of additional time required, if any, for the applicant to amortize any unreasonable economic loss, over and above the amortization period already permitted under this section;

Proof that the sign has not been fully depreciated for federal income tax purposes shall be required except in extraordinary circumstances where such proof is deemed inapplicable.

The community development and sustainability department shall receive and process all time extension requests and a twenty-five dollars processing fee shall be required at the time application is made.

Any sign erected, constructed, maintained or relocated in violation of Ordinance No. 614 after Ordinance No. 614 takes effect shall be removed within thirty days after a written notice by the director has been posted on the property containing such sign and a copy thereof sent by certified mail with postage prepaid to the owner thereof and to the person in possession of the real property upon which it is located, if known. Such notice shall state the particulars of such violation and require the removal thereof upon or before a date specified therein, but not less than thirty days after such posting and mailing, or that written objections to such removal be filed with the director by such date showing the name, address, and objections in detail of the person objecting to such removal.

If the sign is not removed upon or before the date specified and no written objections to such removal are filed, the director may cause the removal thereof at the expense of the owner of the real property upon which such sign is located.

Upon the filing of such objections, such sign may remain until ordered removed by the city council at a hearing, notice of which has been mailed by certified mail with postage prepaid to the person filing such objections at his or her address shown thereon at least ten days prior to such hearing. Any sign ordered removed by the council shall be removed within thirty days after notice of such order has been so mailed to such objector, and if not so removed the director may cause the removal thereof at the expense of the owner of the real property upon which such sign is located.

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed or continued by such person, firm or corporation, and shall be punishable as herein provided. The remedies provided for herein shall be cumulative and not exclusive.

The removal expense may be made a lien upon such real property by the director sending by certified mail to the owner of such real property, a notice of lien for the cost of such removal. The cost of all such mailing and the cost of obtaining the name and address of the owners shall be a part of the cost of such removal.

Notwithstanding the above provisions of this section, any sign erected, constructed, maintained or relocated in violation of this section is prohibited and any other appropriate criminal or civil action may be maintained against such violation and against any person maintaining or permitting such violation.

(Ord. 296 § 26.8; Ord. 410 § 1; Ord. 614 § 3; Ord. 921 § 4; Ord. 2572 § 3, 2020)

§ 40.28.100 Nonconforming uses by virtue of performance standards.

Except as provided in subsections (b) and (c) of this section, all uses nonconforming on the date a zoning ordinance amendment rendered the use nonconforming, by reason of noncompliance with performance standards established in this chapter shall adopt necessary measures to conform therewith within three years of such date.

Single-family or duplex units which do not have the number or type of parking spaces required by this chapter but have the number and type of spaces required at the time the use was approved for construction are not required to provide additional parking spaces unless additional bedrooms are constructed on the property. If additional parking is required by reason of adding one or more bedrooms to an existing unit, the additional parking may be covered or uncovered. No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with the current parking standards of this chapter.

Multifamily uses which do not have the number of parking spaces required by this chapter but have the number of spaces required at the time the use was approved for construction are not required to provide additional parking spaces unless additional units are constructed on the property or existing units are expanded. If units are added or expanded, additional parking must be added so that the new or expanded units are in compliance with the parking performance standards of this article. No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with parking standards of this chapter.

(Ord. 296 § 26.9; Ord. 1894 § 8; Ord. 1940 § 13)

§ 40.28.110 Replacement of damaged or destroyed nonconforming structures.

Any nonconforming building or structure damaged more than sixty percent of its then appraised value for tax purposes, exclusive of the foundations at the time of damage, shall not be restored or reconstructed and used as before such damage or destruction, but if less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before; provided, that it shall be substantially completed within six months of such damage or destruction. For purposes of floor area ratio standards, all structures in R-1, R-2, R-R, and similarly zoned planned developments which were permitted uses prior to adoption of Ordinance No. 2110 shall be considered legal nonconforming uses, and if destroyed, may be re-built up to the floor area ratio that existed just prior to the destruction of the building.

(Ord. 296 § 26.10; Ord. 1894 § 9; Ord. 2110 § 6, 2003)

§ 40.28.120 Repair, alteration, and relocation of nonconforming buildings or structures.

Repairs. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure.

Alterations. Except as provided in subsection (b)(1) and (2) of this section, enlargements or alterations may be made to a nonconforming structure only if the enlargements or alterations are consistent with the zoning standards for the district. If a structure is required to have side yard setbacks of a total width (such as twelve feet in a residential one-family), expansions must be consistent with both the minimum requirement for one yard as well as the minimum requirement for the total of both yards.

Nonconforming single-family and duplex structures may be expanded with first story setbacks less than those required by the zoning standards for the district only if all of the following apply:

The structure was legally built prior to the effective date the zoning ordinance amendment rendered the structure nonconforming;

The structure has side yards consistent with the zoning standards at the time of construction;

The expansion does not reduce the first-story side yard setbacks below those currently existing for the structure, even if those setbacks are less than would otherwise be allowed in the zoning district; and

Any second-story expansion is consistent with the setback requirements of this chapter.

Accessory structures in R-1 and R-2 districts or planned development districts based on R-1 or R-2 districts, including garages, which were legally built prior to the date a zoning ordinance amendment rendered the structure nonconforming, and which have rear and side yards consistent with the zoning standards at the time of construction may be altered or expanded, provided the alterations are consistent with current requirements for such structures. Garages or storage buildings may not be expanded or converted to habitable space unless the structure is consistent with the zoning standards of the district.

Relocation. No nonconforming structure shall be moved unless at its new location it conforms to the standards of the district.

(Ord. 296 § 26.11; Ord. 1894 § 10)

Davis City Zoning Code

ARTICLE 40

28 NONCONFORMING USES AND STRUCTURES

§ 40.28.010 Applicability of article generally.

Within the districts established by the zoning ordinance or amendments thereto, there exist structures, land uses, and characteristics of uses which were lawful prior to the adoption of or amendments to the ordinance, but which, by reason of such adoption or amendment, fail to conform to the present requirements of the zoning district. It is the purpose of this article to:

Permit the continued operation of such uses while guarding against such uses becoming a threat to more appropriate development;

Provide for the eventual elimination of those uses likely to be most objectionable to their neighbors, and which are deemed to be harmful to the community environment and not in the best public interest; and

Limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and standards prescribed in this zoning ordinance, and by regulating their restoration after major damage.

(Ord. 296 § 26.1; Ord. 1894 § 2)

§ 40.28.020 Continuing existing uses and structures.

Except as otherwise specified, any use, building or structure, existing on the date a zoning ordinance amendment rendered the use or structure nonconforming, may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located; provided, that:

The use or structure was not established in violation of any zoning ordinance previously in effect in the area which constitutes the city, unless such use or structure now conforms with this chapter; and

Such use or structure does not constitute a nuisance.

(Ord. 296 § 26.2; Ord. 1894 § 3)

§ 40.28.030 Existing uses which handle hazardous materials.

Any use located in an industrial, industrial research or planned development zoning district, existing prior to June 27, 1986, which handles hazardous materials, as defined in Section 40.01.010 of this chapter, is made nonconforming by Ordinance No. 1377. Any such existing use shall apply for a conditional use permit or final planned development within the period of one year from the effective date of Ordinance No. 1377.

(Ord. 1377 § 10)

§ 40.28.040 Conditional uses.

Any use existing on March 6, 1963, which is listed as a conditional use in the district wherein located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter. Any use which was a permitted use until the date a zoning ordinance amendment changed the use to a conditional use in the district wherein located shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.

(Ord. 296 § 26.3; Ord. 1894 § 4)

§ 40.28.050 Enlargement, alteration, etc., of nonconforming uses.

No building existing on the date a zoning ordinance amendment rendered the use nonconforming which is devoted to a use not permitted by this chapter in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as provided in this article.

(Ord. 296 § 26.4; Ord. 1894 § 5)

§ 40.28.060 Reduction or extension.

When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100 the reduction or extension of a nonconforming use may be made if such reduction or extension is determined by the planning commission to create lesser discrepancy between the existing conditions and the zoning requirements for the district.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100, enlargement or completion of a structure devoted to a nonconforming use may be made where such extension is necessary and incidental to the existing use of such structure.

When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming if no structural alterations, except those required by law, are made therein.

(Ord. 296 § 26.5; Ord. 1894 § 6)

§ 40.28.070 Cessation of use.

If a nonconforming use of a structure ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zoning district in which it is located. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

No nonconforming use of land, not involving any building or structure, except minor structures such as fences, signs and buildings less than four hundred square feet in area, where such use has ceased for ninety days or more, shall again be put to a nonconforming use. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. 296 § 26.6; Ord. 1894 § 7)

§ 40.28.080 Methods of determining time for discontinuance of use.

It is hereby declared that nonconforming uses within the city are detrimental to the orderly development of the city and are detrimental to the health, safety, peace, comfort and general welfare of persons and property within the city. It is further declared to be the policy of the city that such nonconforming uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of the owners of such nonconforming property. The nonconforming uses of land designated in this article are illegal and prohibited after the useful economic value of the structures has been consumed or realized by the owner of such structures. For a determination of the time when such nonconforming use shall be discontinued, the following tests and procedures are established as contained herein.

The economic value of a nonconforming structure shall be the appraised market value of such structure as determined by the assessor of the county in determining the assessed value for tax purposes on the first Monday in March immediately following March 6, 1963.

The value so established shall be depreciated by a standard method of depreciation accepted and used generally in the business world. When such structures have been depreciated to their salvage value, they shall be considered to have no further economic value and their nonconforming use shall be discontinued and the structure shall be removed; provided, that the following presumption shall apply:

That the nonconforming uses of land not involving any building or structure other than minor structures such as fences, signs and buildings of less than four hundred square feet in floor area will be depreciated at not less than one hundred dollars a year or in two years, whichever results in the later discontinuance;

That a nonconforming structure having an appraised market value of five hundred dollars or less will be depreciated at not less than one hundred fifty dollars a year or in three years, whichever results in the later discontinuance;

That all other structures will be depreciated in not to exceed the number of years designated by the United States treasury department for the depreciation of such structures for income tax purposes, whether or not the property is so used as to be depreciable for income tax purposes.

Such mandatory discontinuance of nonconforming uses is applicable to the following as contained herein:

All nonconforming uses involving structures of an appraised market value of five hundred dollars or less;

Uses permitted in a C-N, C-C, C-S, CMU, I-R or I district, but located in and nonconforming in an R district or A district designated for residential use in the master plan;

Nonconforming residential or commercial uses located in an or I district.

Should an owner of property upon which a nonconforming use has been administratively ordered discontinued disagree with such order, such owner shall be entitled to present the evidence to rebut the presumption contained herein. The city council may approve the discontinuance order or may set a future date upon which such nonconforming use shall be discontinued.

(Ord. 296 § 26.7)

§ 40.28.090 Nonconforming outdoor advertising, billboards and signs.

All signs, billboards and outdoor advertising structures which are nonconforming according to the provisions of Section 40.26.020 as enacted in Ordinance No. 296, Section 26.8, and Ordinance No. 410, Section 1, and which continue to be nonconforming according to the provisions of Section 40.26.020 as amended by Ordinance No. 614, shall be abated or altered to comply with the requirements of Ordinance No. 614 within ninety days of the effective date of Ordinance No. 614.

All outdoor advertising, billboards and signs which exist on the effective date hereof which were previously in conformance with the provision of Section 40.26.020 and which are made nonconforming by Ordinance No. 614, and all outdoor advertising, billboards and signs which exist at the time the site containing such items as annexed to the city, shall be abated or altered to comply with the provisions hereof within the amortization periods hereinafter prescribed If any such item is not so abated or altered, it shall be in violation of this ordinance.

Signs prohibited by Section 40.26.020 in the following subsections: (a)(5) relating to traffic hazards, (a)(6) relating to certain lighted and blinking signs, (a)(12) relating to obsolete signs and (a)(13) relating to banners, similar nonstationary signs and moving signs—Ninety days.

Signs prohibited by Section 40.26.020 in the following paragraphs: (e)(5) and (f)(3) relating to placement of signs in certain designated districts, if not otherwise covered by subsection (a) of this section—One hundred eighty days.

Signs prohibited by Section 40.26.020 in the following subsections: (a)(14) insofar as such subsection relates to the size and height of signs, (c)(5) relating to the number of signs in apartment developments, (d)(1), (e)(1)—(4) and (6), (f)(1), (2) and (4)—(6) and (g)(1)—(4), relating to the size, height and location of signs in all commercial, industrial, residential transitional and professional and administrative districts—One year.

Signs not in conformance herewith not otherwise covered by the immediately preceding subsections (1)—(3) inclusive—Two years.

Any sign which by the amendment of Ordinance No. 614 shall be authorized to raise its height or location may be so raised or relocated without otherwise being made to conform herewith if a variance had previously been granted for such sign which variance has not expired by its terms. Such raising of height or location shall not authorize the erection of a new or substantially altered sign.

Any sign prohibited by this section shall be abated or altered to comply when being reviewed in conjunction with applications on a particular site upon which the nonconforming sign exists. The nonconforming sign is thereby considered a part of a larger total sign program.

Prior to the expiration of any amortization period contained in subsection (b) of this section, a written request may be made for an extension of the amortization period on such application form as provided by the community development and sustainability department. The applicant shall substantiate why an extension is necessary by stating sufficient information to enable the city council to consider the factors hereinafter set forth. An extension request shall be heard and considered by the city council at a public hearing, properly noticed. The city council shall base its decision upon the following factors:

The original cost of the sign;

The date the sign was constructed and located on the site;

The degree of deviation from the sign regulations of this article;

Whether unusual circumstances concerning the sign's size, height, location or nature are present;

Whether the removal or alteration of the sign within the prescribed amortization period would create an unnecessary hardship inconsistent with the intent of sign amortization;

The effect of the nonconforming sign on the use, value, and enjoyment of surrounding and neighboring properties;

The least amount of additional time required, if any, for the applicant to amortize any unreasonable economic loss, over and above the amortization period already permitted under this section;

Proof that the sign has not been fully depreciated for federal income tax purposes shall be required except in extraordinary circumstances where such proof is deemed inapplicable.

The community development and sustainability department shall receive and process all time extension requests and a twenty-five dollars processing fee shall be required at the time application is made.

Any sign erected, constructed, maintained or relocated in violation of Ordinance No. 614 after Ordinance No. 614 takes effect shall be removed within thirty days after a written notice by the director has been posted on the property containing such sign and a copy thereof sent by certified mail with postage prepaid to the owner thereof and to the person in possession of the real property upon which it is located, if known. Such notice shall state the particulars of such violation and require the removal thereof upon or before a date specified therein, but not less than thirty days after such posting and mailing, or that written objections to such removal be filed with the director by such date showing the name, address, and objections in detail of the person objecting to such removal.

If the sign is not removed upon or before the date specified and no written objections to such removal are filed, the director may cause the removal thereof at the expense of the owner of the real property upon which such sign is located.

Upon the filing of such objections, such sign may remain until ordered removed by the city council at a hearing, notice of which has been mailed by certified mail with postage prepaid to the person filing such objections at his or her address shown thereon at least ten days prior to such hearing. Any sign ordered removed by the council shall be removed within thirty days after notice of such order has been so mailed to such objector, and if not so removed the director may cause the removal thereof at the expense of the owner of the real property upon which such sign is located.

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed or continued by such person, firm or corporation, and shall be punishable as herein provided. The remedies provided for herein shall be cumulative and not exclusive.

The removal expense may be made a lien upon such real property by the director sending by certified mail to the owner of such real property, a notice of lien for the cost of such removal. The cost of all such mailing and the cost of obtaining the name and address of the owners shall be a part of the cost of such removal.

Notwithstanding the above provisions of this section, any sign erected, constructed, maintained or relocated in violation of this section is prohibited and any other appropriate criminal or civil action may be maintained against such violation and against any person maintaining or permitting such violation.

(Ord. 296 § 26.8; Ord. 410 § 1; Ord. 614 § 3; Ord. 921 § 4; Ord. 2572 § 3, 2020)

§ 40.28.100 Nonconforming uses by virtue of performance standards.

Except as provided in subsections (b) and (c) of this section, all uses nonconforming on the date a zoning ordinance amendment rendered the use nonconforming, by reason of noncompliance with performance standards established in this chapter shall adopt necessary measures to conform therewith within three years of such date.

Single-family or duplex units which do not have the number or type of parking spaces required by this chapter but have the number and type of spaces required at the time the use was approved for construction are not required to provide additional parking spaces unless additional bedrooms are constructed on the property. If additional parking is required by reason of adding one or more bedrooms to an existing unit, the additional parking may be covered or uncovered. No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with the current parking standards of this chapter.

Multifamily uses which do not have the number of parking spaces required by this chapter but have the number of spaces required at the time the use was approved for construction are not required to provide additional parking spaces unless additional units are constructed on the property or existing units are expanded. If units are added or expanded, additional parking must be added so that the new or expanded units are in compliance with the parking performance standards of this article. No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with parking standards of this chapter.

(Ord. 296 § 26.9; Ord. 1894 § 8; Ord. 1940 § 13)

§ 40.28.110 Replacement of damaged or destroyed nonconforming structures.

Any nonconforming building or structure damaged more than sixty percent of its then appraised value for tax purposes, exclusive of the foundations at the time of damage, shall not be restored or reconstructed and used as before such damage or destruction, but if less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before; provided, that it shall be substantially completed within six months of such damage or destruction. For purposes of floor area ratio standards, all structures in R-1, R-2, R-R, and similarly zoned planned developments which were permitted uses prior to adoption of Ordinance No. 2110 shall be considered legal nonconforming uses, and if destroyed, may be re-built up to the floor area ratio that existed just prior to the destruction of the building.

(Ord. 296 § 26.10; Ord. 1894 § 9; Ord. 2110 § 6, 2003)

§ 40.28.120 Repair, alteration, and relocation of nonconforming buildings or structures.

Repairs. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure.

Alterations. Except as provided in subsection (b)(1) and (2) of this section, enlargements or alterations may be made to a nonconforming structure only if the enlargements or alterations are consistent with the zoning standards for the district. If a structure is required to have side yard setbacks of a total width (such as twelve feet in a residential one-family), expansions must be consistent with both the minimum requirement for one yard as well as the minimum requirement for the total of both yards.

Nonconforming single-family and duplex structures may be expanded with first story setbacks less than those required by the zoning standards for the district only if all of the following apply:

The structure was legally built prior to the effective date the zoning ordinance amendment rendered the structure nonconforming;

The structure has side yards consistent with the zoning standards at the time of construction;

The expansion does not reduce the first-story side yard setbacks below those currently existing for the structure, even if those setbacks are less than would otherwise be allowed in the zoning district; and

Any second-story expansion is consistent with the setback requirements of this chapter.

Accessory structures in R-1 and R-2 districts or planned development districts based on R-1 or R-2 districts, including garages, which were legally built prior to the date a zoning ordinance amendment rendered the structure nonconforming, and which have rear and side yards consistent with the zoning standards at the time of construction may be altered or expanded, provided the alterations are consistent with current requirements for such structures. Garages or storage buildings may not be expanded or converted to habitable space unless the structure is consistent with the zoning standards of the district.

Relocation. No nonconforming structure shall be moved unless at its new location it conforms to the standards of the district.

(Ord. 296 § 26.11; Ord. 1894 § 10)