This chapter establishes regulations for nonconforming parcels, uses, and structures. These regulations are intended to:

A.

Allow for the development and use of legal nonconforming parcels;

B.

Ensure that nonconforming uses and structures do not adversely impact neighboring properties;

C.

Allow for the limited enlargement or intensification of nonconforming uses and structures;

D.

Allow for limited repairs and maintenance to nonconforming structures; and

E.

Provide for the elimination of nonconforming uses as appropriate due to abandonment, obsolescence, and destruction.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

This chapter applies to existing parcels, uses, and structures that do not conform to the regulations of the zoning district in which they are located. Nonconforming signs are subject to the requirements in Chapter 18.88 (Signs).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Continuation. A nonconforming parcel, use, or structure may be continued if it was legally established in compliance with all applicable regulations in effect at the time it was established.

B.

Legally Established Defined. To be considered legally established, a legal nonconforming parcel, use, or structure shall have been physically constructed or in existence, not merely contemplated. Conditional use permits, variances, building permits, or other permits not exercised within the required time do not establish legal nonconforming status.

C.

Burden of Proof. Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate that the nonconformity was legally established.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Development Permitted. Legally established parcels with nonconforming dimensions (e.g., parcel width and depth) shall be permitted all development rights of the zoning district in which it is located.

B.

Conformance with Standards. Development on legal nonconforming parcels shall comply with all setback, building coverage, parking, and other standards of the applicable zoning district, except as allowed by Subsection C below.

C.

Multifamily Density. On legally established existing lots which do not comply with minimum area standards, the maximum density of a multifamily use shall be five percent less than normally required in the applicable zoning district. For example, in a zoning district with a maximum density of twenty units per acre, the maximum density for a multifamily use on a lot that does not comply with the minimum area standard shall be nineteen units per acre.

D.

Boundary Adjustments. The boundaries of a nonconforming parcel may not be adjusted in any way that decreases the parcel area or reduces the parcel width or depth.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Continuation Permitted. A nonconforming use of land may continue so long as:

1.

The nonconforming use is not enlarged, increased, or extended to occupy a greater area of land; and

2.

The nonconforming use is not moved in whole or in part to any other portion of the lot or parcel.

B.

Cessation of Use. If any such nonconforming use of land ceases for a period of more than ninety days, any subsequent use of such land shall conform to the regulations of the zoning district in which the land is located.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Change in Ownership, Tenancy, or Management. A change in ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status.

B.

Resuming a Nonconforming Use. A nonconforming use changed to a conforming use shall not return to a nonconforming use.

C.

Replacement of a Nonconforming Use. A nonconforming use may not be replaced by another nonconforming use.

D.

Intensification of Use.

1.

The enlargement of a structure or site occupied by a nonconforming use, or the intensification in any way of the operation of a nonconforming use, shall require the approval of an administrative use permit.

2.

To approve a proposed intensification to a nonconforming use, the community development director shall make all administrative use permit findings (Section 18.108.020) in addition to the findings in Section 18.68.080 (Findings).

E.

Discontinuation of Use. A nonconforming use discontinued for six consecutive months or for twelve months during any two-year period shall not be reestablished and may be replaced only by a conforming use.

F.

Uses Without Required Permits. A legally established use which is allowed in a zoning district but which lacks a required permit (e.g., administrative use permit, conditional use permit) shall be considered a nonconforming use until the use receives the permit as required by the zoning code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

This section identifies allowed modifications to nonconforming structures, summarized in Table 18.68-1.

Table 18.68-1: Allowed Modifications to Nonconforming Structures

Notes:

[1] The proposed project may require permits and approvals for other reasons not related to its nonconforming status. For example, additions or enlargements to a single-family dwelling often requires a design permit.

A.

Alterations Permitted By-Right.

1.

Maintenance, nonstructural repairs, and nonstructural interior alterations to any portion of a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure.

2.

Structural modifications to a nonconforming structure that do not alter or affect the nonconforming aspect of the structure are permitted. For example, an addition to a structure with a non-conforming setback is permitted if no structural changes are made to the portion of the structure projecting into the required setback, and if the addition complies with all setback, height, floor area ratio, and other applicable development standards.

B.

Alterations Requiring a Design Permit.

1.

Structural repairs and improvements that affect the nonconforming aspect of a nonconforming structure are allowed with a design permit if the improvement does not increase or exacerbate the nonconformity. For example, structural repairs to a building wall within a required setback are permitted with a design permit if the wall is not moved closer to the property line and the length of the wall within the required setback is not increased.

2.

To approve such an alteration, the community development director shall make all design permit findings (Section 18.108.040) in addition to the findings in Section 18.68.080 (Findings).

C.

Alterations Requiring a Conditional Use Permit

1.

Alterations to a non-conforming structure that increase or exacerbate the nonconformity requires a conditional use permit. For example, a remodel that increases the length of an existing building wall located within a required setback is allowed only with the approval of a conditional use permit.

2.

To approve such an alteration, the planning commission shall make all variance findings (Section 18.108.100) in addition to the findings in Section 18.68.080 (Findings).

D.

Damage or Destruction. Except as allowed by Subsection E below, a nonconforming structure damaged or destroyed for any reason shall be brought into full compliance with the requirements of the zoning code if the cost of reconstruction exceeds fifty percent of its market value as determined by the county assessor on the last equalized assessment roll at the time of its destruction.

E.

Involuntary Damage or Destruction — Residential Structures.

1.

If a legally established nonconforming building occupied by a residential use is damaged or destroyed by earthquake, fire, flood, or other calamity, the structure may be reconstructed as it existed and may be continued as a legal nonconforming structure with the approval of a design permit.

2.

"Reconstructed" means rebuilding a damaged or destroyed structure in a manner similar but not identical to the original structure. A reconstructed structure generally recreates the original building footprint, mass, and height, but may deviate from design details such as architectural design and the arrangement of doors, windows, and rooflines.

3.

The city may attach conditions of approval as necessary to protect the public health, safety and welfare, including requirements to reduce or eliminate previously existing nonconformities.

4.

Reconstruction of damaged or destroyed buildings may not increase or exacerbate previously existing nonconformities or create new nonconformities.

5.

The construction of the replacement structure must begin within twenty-four months of the date of the calamity which damaged or destroyed the structure.

F.

Moved Structures. A nonconforming structure that is moved to a new location shall conform to all standards of the applicable zoning district.

G.

Nonconforming Screening, Fences, and Landscaping.

1.

Legally established nonconforming screening, fences, and landscaping may continue and remain except as required by Paragraph 2 below.

2.

For additions or renovations that increase by twenty-five percent or more the floor area or market value of one or more buildings on a property, any nonconforming screening, fences, and landscaping shall be brought into compliance with the requirements of the applicable zoning district.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 10, 1-20-2021)

The community development director may approve an administrative use permit for a nonconforming use or structure if all of the following findings can be made in addition to the findings in Section 18.108.020 (Administrative Use Permits):

A.

Available evidence indicates that the nonconforming use was legally established.

B.

The nonconforming use has not resulted in a notable negative impact or nuisance to the surrounding area.

C.

The nonconforming use is compatible with the general character of the surrounding area.

D.

The proposed action is consistent with the purpose and intent of the applicable zoning district.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)