Live Oak City Zoning Code
CHAPTER 17
38 NONCONFORMING STRUCTURES AND USES
§ 17.38.010 Purpose.
This chapter establishes uniform provisions for the regulation of nonconforming uses, structures and lots. Within zone districts established by this title, there exist structures, land uses, and lots that were lawful prior to the adoption of this title, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this title or future amendments. It is the intent of this chapter to discourage the long term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under limited conditions described in this chapter. This chapter also recognizes that the investments made in developed property can be substantial and that provisions for continuation of certain nonconforming structures or uses may be desirable, particularly if it can be assured that the structure or use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their originally designed purposes.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)
§ 17.38.020 Nonconforming structures.
Nonconforming structures may be continued and be maintained, subject to the following limitations:
A.
Maintenance, Repairs, and Rehabilitation. Ordinary maintenance and repairs may be made to any nonconforming structure. Structural repairs, such as bearing walls, columns, beams or girders, may be modified only when the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public, occupants of the nonconforming structure or adjacent property, and the cost does not exceed one-half of the replacement cost of the nonconforming structure, except as provided in Section 17.38.060, Nonconforming residential structures in commercial and employment zone districts, and Section 17.38.070, Reestablishment of abandoned or destroyed commercial or employment nonconforming structures and uses, and Section 17.38.080, Expanding a nonconforming use or changing to a more intensive use.
B.
Severely Damaged or Destroyed Structures. If a nonconforming structure is damaged to an extent of more than 50% of its replacement value, as determined by the Building Official, or is destroyed, the restoration of such structure shall be in full compliance with the requirements of this title, except as provided in Section 17.38.060, Nonconforming residential structures in commercial and employment zone districts, and Section 17.38.070, Reestablishment of abandoned or destroyed commercial or employment nonconforming structures and uses, and Section 17.38.080, Expanding a nonconforming use or changing to a more intensive use.
C.
Abandonment. If a nonconforming structure remains vacant for a continuous period of 12 months or more, it shall be considered abandoned and shall thereafter be removed or converted to a conforming structure, except as provided in Sections 17.38.060 and 17.38.070. The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Community Development Director, that during such period, the owner of the structure: (1) has been maintaining it and did not intend to discontinue the use; and (2) has been actively marketing the structure for use or sale; or (3) has been engaged in other activities evidencing an intent not to abandon the use.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)
§ 17.38.030 Nonconforming uses.
A.
Continuation. Nonconforming uses, including uses lacking permits or other entitlements, may be continued provided that such use shall not be enlarged to occupy a greater area than that occupied by the same use at the time it became nonconforming, except that a nonconforming use may be expanded if a use permit is approved, as provided in Section 17.38.080. Uses that are nonconforming due to lack of permits or other entitlements may be enlarged upon by first securing the required permit or other entitlement.
B.
Change to the Same or Less Intensive Use. Nonconforming uses may be permitted to be changed to a different nonconforming use provided that the new use is of the same or less intensive nature, as determined by the Community Development Director.
C.
Change to a More Intensive Use.
1.
A nonconforming use may change to a more intensive use if a use permit is first approved, as provided in Section 17.38.080.
2.
Exception: No nonconforming use that involves the storage, use, or generation of hazardous materials, products, or wastes or other activity that may be detrimental to the public's health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature.
D.
Abandonment. If a nonconforming use ceases for a continuous period of 12 months, it shall be considered abandoned and shall not be reestablished, except as provided in Sections 17.38.060 and 17.38.070. The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Community Development Director, that during such period, the owner of the structure: (1) has been maintaining it and did not intend to discontinue the use; and (2) has been actively marketing the structure for use or sale; or (3) has been engaged in other activities evidencing an intent not to abandon the use.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)
§ 17.38.040 Nonconforming lots.
Any lawfully created lot which fails to meet the standards for area or dimensions of the zone district in which it is located shall be considered buildable for purposes of this chapter, provided that all site development standards for the improvements are met or a variance (Section 17.35.040) from any site improvement standards is approved.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)
§ 17.38.050 Nonconforming signs.
A nonconforming sign may be continued subject to the limitations pursuant to Section 17.38.020. Once a nonconforming sign is determined by the Community Development Director to have lost its nonconforming status, it shall be removed from the property or otherwise converted to a conforming use within 90 days of the determination.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)
§ 17.38.060 Nonconforming residential structures in commercial and employment zone districts.
A.
Reestablishment. A nonconforming residential use in a commercial or employment zone district that is involuntarily lost by damage or destruction may be reestablished provided that a building permit for reconstruction is issued within 24 months of the damage or destruction.
B.
Expansion of a Nonconforming Residence. A nonconforming residence may be expanded by up to 50% of its original floor area, provided that the expanded area meets all yard and building height standards.
C.
Remodel. A nonconforming residence may be remodeled.
D.
Use Permit. If the period since damage or destruction exceeds 24 months, a use permit approved by the Planning Commission is required prior to issuance of a building permit for reconstruction. If an existing nonconforming residence is proposed to be expanded beyond 50% of the original floor area, as provided in subsection B, or the remodel will exceed 50% of the replacement cost, as provided in subsection. C, an approved use permit must first be secured.
(Ord. 526 § 1, 2010; Ord. 540 § 11, 2011; Ord. 543 § 2, 2013)
§ 17.38.070 Reestablishment of abandoned or destroyed commercial or employment nonconforming structures and uses.
A.
Reestablishment. A commercial or employment structure or use which has lost its nonconforming status or is otherwise lost due to damage or destruction may be reestablished upon issuance of a use permit by the Planning Commission. The Planning Commission may approve the use permit if all of the following findings can be made:
1.
Legally Established Structure or Use. The structure or use was legally established but was made nonconforming by a rezoning action by the City Council.
2.
No Violations. No compliance actions are pending on the lot for violations of building or fire codes or other municipal code sections or, if there are any existing violations, this action will cause them to be corrected.
3.
No Adverse Impacts. Reestablishment of a nonconforming use will not detrimentally impact adjacent properties.
B.
Use Permit Conditions. The use permit may be approved subject to conditions related to improving the property to conform to current standards, provided they can reasonably be applied to the property. This could include, but is not limited to, the following:
3.
Property maintenance, such as painting and general cleanup.
4.
Installation of fencing.
6.
Façade or other exterior improvements.
7.
Compliance with building and fire codes.
8.
Installation of public improvements such as curb, gutter, and sidewalk, undergrounding utilities, etc.
9.
Establishment of a date certain for termination of the use.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)
§ 17.38.080 Expanding a nonconforming use or changing to a more intensive use.
A.
Expanding a Nonconforming Use or Structure. A nonconforming use or structure may be expanded upon issuance of a use permit by the Planning Commission if the following findings can be made:
1.
Legally Established Use. The use was a legally established use that was made nonconforming by a rezoning action by the City.
2.
No Violations. No compliance actions are pending on the lot for violations of building or fire codes or other municipal code sections or, if there are existing violations, this action will cause them to be corrected.
3.
No Significant Adverse Impacts. The proposed expansion of the use or structure or the intensification of the use will not cause any significant adverse impacts on neighboring properties.
B.
Use Permit Conditions. The use permit may be approved subject to conditions related to improving the property to conform to current standards, provided they can reasonably be applied to the property. This could include, but is not limited to, the following:
4.
Property maintenance, such as painting and general cleanup.
5.
Installation of fencing.
6.
Façade or other exterior improvements.
7.
Compliance with adopted building and fire codes.
8.
Installation of public improvements such as curb, gutter and sidewalk, underground utilities, etc.
9.
Establishment of a date certain for termination of the use.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)
§ 17.38.090 Unlawful structures and uses.
Any structure or use that did not comply with the applicable provisions of this title or other regulations in effect when the structures or uses were established are violations of this code and are subject to appropriate action, pursuant to Title 14 (Neighborhood Community Preservation Program). No right to continue occupancy of a property containing an illegal structure or use is granted by this chapter. The activity shall not be allowed to continue unless or until all of the provisions of the Live Oak Municipal Code are met.
(Ord. 526 § 1, 2010; Ord. 543 § 2, 2013)