Oroville City Zoning Code
CHAPTER 17
48 PERMITS, VARIANCES, AND NONCONFORMITIES
§ 17.48.010 Use permits.
A.
Intent. Use permits provide an opportunity to review the location, site development or conduct of certain land uses, activities and structural features that generally have a distinct impact on the area in which they are located or are capable of creating special problems for bordering properties unless given careful attention. Use permits are discretionary and may be granted or denied by the planning commission under the provisions of this section.
B.
Transferability. A use permit shall be valid only for the property for which it was issued. Use permits shall not be transferred from one property to another.
C.
Uses Requiring a Use Permit. Uses shall be required to obtain a use permit as specified in this chapter.
D.
Conditions.
1.
If the planning commission grants a use permit, it may attach any conditions to the use permit that are deemed necessary to achieve the purposes of this title, and that also promote the general health, safety and public welfare of the city.
2.
The conditions imposed by the planning commission may include, but are not limited to:
a.
Improvement of vehicle access to the subject property in accordance with city standards.
b.
Regulation of a structure's horizontal or vertical size.
c.
Regulation or placement of the use or building on the subject property.
d.
Regulation of the design and configuration of building frontages.
e.
Regulation of the nature, hours of operation and extent of the use.
f.
Regulation of the term during which the use permit is valid.
g.
Regulation of landscaping and other barriers for the protection of adjoining or nearby properties.
h.
Improvement of access to the building or site for disabled persons.
3.
Each use permit shall be issued subject to the condition that the zoning administrator may inspect the premises for which the use permit is issued at any reasonable time to ensure compliance with the conditions of the use permit. Refusal to permit the zoning administrator to inspect the premises shall be rebuttably presumed to be grounds for revocation of the use permit.
E.
Application.
1.
Application for a use permit shall be made to the planning commission in a form prescribed by the zoning administrator, accompanied by a fee established by resolution of the city council. The application shall also include all of the following as applicable:
a.
Site and floor plans, including the location, square footage and use of all structures.
b.
Architectural drawings showing proposed building elevations.
c.
Landscape plans showing the types, sizes and location of vegetation to be planted and the irrigation system to be installed.
d.
Plans for the configuration and layout of all off-street parking spaces, including entrances, exits and internal circulation routes.
e.
Plans for all lighting to be installed on the site, including the location, type, height and brightness of each lighting fixture.
f.
Drawings of all signs that are proposed in association with the project.
g.
Plans showing the location, square footage and capacity of any existing or proposed surface stormwater detention facilities.
h.
Plans showing the location and square footage of any existing or proposed outdoor storage areas.
i.
Descriptions of any off-site infrastructure improvements to be provided in conjunction with the project.
j.
Hours of operation for all proposed land uses.
k.
Number of employees and fleet vehicles for all proposed land uses.
l.
A letter authorizing the use permit application from the owner of the property.
2.
All plans and drawings shall be drawn to scale to the extent feasible and shall indicate the full dimensions, contours and other topographic features and information necessary to make a full evaluation of the project.
3.
The planning commission shall hold a minimum of one public hearing on the application, notice of which shall be given by one publication in a newspaper of general circulation in the City of Oroville at least 10 days prior to the hearing, or by posting notice on the property involved at least 10 days prior to the hearing.
4.
The planning commission may grant a use permit only upon making all of the following findings, based on substantial evidence:
a.
The granting of the permit will not be incompatible with or detrimental to the general health, safety or public welfare of the surrounding area or of the city as a whole.
b.
The proposed use follows sound principles of land use by having a suitable location relative to the community as a whole, as well as to transportation facilities, public services and other land uses in the vicinity.
c.
Public utilities and facilities, including streets and highways, water and sanitation, are adequate to serve the proposed use or will be made adequate prior to the establishment of the proposed use.
d.
The location, size, design and operating characteristics of the proposed use will be harmonious and compatible with the surrounding neighborhood and will not adversely affect abutting properties.
e.
The subject site is physically suitable for the type and intensity of land use being proposed.
f.
The size, intensity and location of the proposed use will provide services that are necessary or desirable for the neighborhood and community as a whole.
g.
The permit complies with all applicable laws and regulations, including the requirements of the general plan, of this title and of the city municipal code.
5.
Notice of the planning commission's determination shall be issued within 10 days after the determination has been made. This notice shall be issued in writing to the permit applicant.
F.
Revocation.
1.
In any case where a use permit has not been used for one year, the zoning administrator shall make a determination regarding whether relevant circumstances have changed significantly since the approval. Relevant circumstances shall be those that were considered and relied upon when the permit was approved, including, but not limited to, the surrounding levels of traffic and the types and intensity of uses on adjoining properties. If the zoning administrator determines that relevant circumstances have changed significantly, the permit shall be reviewed by the planning commission to determine if a hearing should be scheduled to revoke it.
2.
The planning commission, upon its own motion, may modify or revoke any use permit that has been granted pursuant to the provisions of this section upon finding any of the following, based on substantial evidence:
a.
Any of the conditions of the permit have not been satisfied within one year after it was granted.
b.
Any of the terms or conditions of the permit have been violated.
c.
A law, including any requirement in this chapter, has been violated in connection with the permit.
d.
The permit was obtained by fraud.
3.
The planning commission shall hold a public hearing on any proposed revocation after giving written notice to the permittee at least 10 days prior to the hearing.
(Ord. 1749 § 4; Ord. 1762 § 8)
§ 17.48.015 Minor use permits.
A.
A proposed project that is exempt from the California Environmental Quality Act (CEQA) may instead be processed as a minor use permit. A minor use permit may be approved or denied through a zoning administrator hearing. However, at the zoning administrator's discretion, certain CEQA-exempt projects may be referred to the planning commission for their discretionary review. The zoning administrator or planning commission may attach any conditions to the minor use permit deemed necessary to ensure compliance with the zoning code, general plan and to protect the public health, safety and general welfare.
B.
All minor use permits shall be reviewed by the development review committee prior to a zoning administrator hearing.
C.
Minor use permits shall comply with the same public noticing requirements applicable to use permits.
D.
For applications that are referred to the planning commission, standard use permit application fees shall apply.
(Ord. 1823 § 2, 2017)
§ 17.48.020 Administrative permits.
A.
Uses Requiring an Administrative Permit. Uses shall be required to obtain an administrative permit as specified in this chapter.
B.
Application.
1.
Application for an administrative permit shall be made in a form prescribed by the zoning administrator and accompanied by a fee established by resolution of the city council. If the applicant does not own the property for which a permit is requested, the application shall be accompanied by a letter authorizing the administrative permit application from the owner of the property.
2.
The zoning administrator may grant or deny an application for an administrative permit under the provisions of this section. Notice of the zoning administrator's determination shall be issued within 10 days after the determination has been made. The notice shall be issued in writing to the permit applicant.
C.
Revocation. After providing a 10-day notice to the permittee and holding a hearing, the zoning administrator, upon his or her own motion, may revoke any administrative permit that has been granted pursuant to the provisions of this section upon finding any of the following, based on substantial evidence:
(Ord. 1749 § 4; Ord. 1762 § 9)
§ 17.48.030 Zoning clearances.
A.
Purpose. A zoning clearance verifies that a proposed structure or use meets all of the requirements that apply to that structure or use, including, but not limited to, requirements for allowed activities and development standards.
B.
Applicability.
1.
A zoning clearance is required prior to the issuance of any building or occupancy permit.
2.
Except for properties in residential districts that are used exclusively for single-family residential purposes, a zoning clearance shall be obtained for any change of lessee, operator or owner, even when the change does not alter the use or activity being conducted on the property.
C.
Application. Application for a zoning clearance shall be made in a form prescribed by the zoning administrator. The application shall be accompanied by any materials that are necessary to verify compliance with this chapter's requirements, including, but not limited to, site plans and written descriptions of the proposed uses and activities, as well as any fee established by resolution of the city council.
D.
Review and Approval. The zoning administrator shall approve the zoning clearance upon verifying that the proposed structure or use complies with all applicable requirements of this title.
E.
Form of Zoning Clearance. A zoning clearance may be issued as a stamp or seal of approval on a set of building plans, a signature on a city approval document, or in another form approved by the zoning administrator.
(Ord. 1749 § 4)
§ 17.48.040 Landmarks.
A.
Landmark Designation Criteria. Any site or improvement to a site may be designated as a landmark if it retains its historic integrity and meets one or more of the following criteria:
1.
It is designated as a California Historical Landmark, or it is listed on the National Register of Historic Places.
2.
It appears on a city inventory of historic resources.
3.
It exemplifies or reflects elements of the city's history.
4.
It has special aesthetic or artistic qualities that are of historic value.
5.
It is identified with historic persons or with important events in local, state or national history.
6.
It embodies distinguished architectural characteristics valuable for study of a period, style, method of construction or cultural characteristic.
7.
It is a valuable example of indigenous materials or craftsmanship.
B.
Landmark Designation Process. Landmark designations shall be granted and revoked by the city council as follows:
1.
Any owner may request the designation of an improvement as a landmark, or the revocation or modification of a landmark designation, by submitting an application to the historic advisory commission. The application shall be in a form established by the zoning administrator and accompanied by a fee established by resolution of the city council. In addition, the application shall identify the specific portions of the improvement that are proposed for designation as a landmark.
2.
Public hearings on the application shall be held before the historic advisory commission in an advisory capacity, and the city council for a final decision, in accordance with the procedure for amendments and rezonings, as specified in Section 17.56.100. The hearing before the historic advisory commission shall be held within 90 days of filing the application.
3.
When considering the application, the historic advisory commission and city council shall consider the landmark designation criteria provided in this section.
4.
All landmark designations shall identify the specific portions of the site or improvement that are designated for protection as a landmark.
C.
Duty to Maintain.
1.
Any person who owns or controls any landmark or landmark site shall regularly maintain the site, and its buildings and structures, at a level that clearly ensures the continued availability of the buildings, structures and premises for lawful, reasonable uses and prevents deterioration, dilapidation and decay of the buildings, structures and premises. This maintenance requirement shall apply to the exterior portions of buildings and structures; any interior portion that is specifically identified in the landmark designation as a protected feature; and any interior portions that must be maintained in order to prevent the deterioration of the exterior.
2.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior improvement or exterior architectural feature that does not involve a change in design or materials.
(Ord. 1749 § 4; Ord. 1790 § 2)
§ 17.48.050 Landmark modification permits.
A.
Purpose. The purpose of requiring landmark modification permits is to ensure that alterations to landmarks and landmark sites do not adversely affect their historic character.
B.
Applicability. A landmark modification permit shall be required for any restoration, rehabilitation or alteration that would change the exterior appearance or otherwise affect the historic significance of any of the following:
1.
Any structure or site that is designated as a California Historical Landmark, or is listed on the National Register of Historic Places.
2.
Landmark buildings, structures or sites.
3.
Buildings, structures or improvements that are identified in a City of Oroville historic survey for a downtown historic overlay (DH-O) district, provided as follows:
a.
If the subject improvement has not previously been evaluated to determine whether it is a contributing feature of the DH-O district, the historic advisory commission shall make this determination as provided in Section 17.44.040.
b.
A landmark modification permit shall be required only for contributing features of the DH-O district.
C.
Rights Granted. A landmark modification permit authorizes its holder to apply for any building permits or other permits that are necessary to modify a specified building, structure or significant feature. A landmark modification permit shall not be construed to grant the rights that are provided by a building permit, grading permit or any other permit.
D.
Discretionary Action. Any determination regarding a landmark modification permit shall be considered a discretionary action and shall be subject to all applicable provisions of the California Environmental Quality Act (CEQA).
E.
Procedure. The procedure to apply for and issue a landmark modification permit shall be as specified for development review in Chapter 17.52, except as follows:
1.
An application for a landmark modification permit shall be considered in light of the following criteria:
a.
Whether the proposed change, including its design and materials, is consistent with the historic period of the landmark.
b.
Whether the proposed change is compatible with any adjacent or nearby landmarks.
c.
Whether the proposed change destroys or diminishes an important feature of the landmark.
d.
Whether the proposed change conforms to the most recent edition of the Secretary of the Interior's Standards for the Treatment of Historic Properties, published by the United States Department of the Interior.
e.
Whether the proposed change conforms to any design guidelines for landmarks or historic structures that have been adopted by the city council.
2.
An application for development review may be combined with an application for a landmark modification permit.
F.
Violations and Penalties. Any person or entity that alters any landmark or landmark site for which a landmark modification permit is required without first obtaining that permit shall be deemed guilty of an infraction, and upon conviction shall be punished by a fine not to exceed the amount outlined in the Master Fee Schedule. Each day on which the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under the provisions of this section.
(Ord. 1749 § 4; Ord. 1790 § 2)
§ 17.48.060 Landmark demolition permits.
A.
Purpose. The purpose of requiring landmark demolition permits is to help prevent, to the extent that it is reasonable, the demolition of any city, state or federal landmark.
B.
Applicability. A landmark demolition permit shall be obtained before a demolition permit is issued for any of the following:
1.
Any structure or site that is designated as a California Historical Landmark, or is listed on the National Register of Historic Places.
2.
Landmark buildings, structures or sites.
3.
Buildings, structures or improvements that are identified in a City of Oroville historic survey for a downtown historic overlay (DH-O) district, provided as follows:
a.
If the subject improvement has not previously been evaluated to determine whether it is a contributing feature of the DH-O district, the historic advisory commission shall make this determination as provided in Section 17.44.040.
b.
A landmark demolition permit shall be required only for contributing features of the DH-O district.
C.
Rights Granted. A landmark demolition permit is a land use entitlement that authorizes its holder to apply for a demolition permit for a specified landmark. A landmark demolition permit shall not be construed to grant the rights that are provided by a demolition permit.
D.
Exemption for Dangerous Buildings. The requirements of this section shall not apply to any building that the building official or fire marshal determines is dangerous to the health and safety of the building occupants, neighbors or general public, and consequently should be demolished immediately. The building official or fire marshal shall set forth in writing the reasons for his or her determination that immediate demolition is warranted.
E.
Economic Evidence. In order to demonstrate that there is no feasible economic use of the building or structure to be demolished, all applications for a landmark demolition permit shall include economic evidence as follows:
1.
For all properties, the following information shall be provided:
a.
The amount paid for the subject property.
b.
The date of purchase; the party from whom the subject property was purchased; and a description of the business or family relationship, if any, between the owner and the party from whom the subject property was purchased.
c.
The cost of any improvements since purchase by the applicant, and the date when each cost was incurred.
d.
The assessed value of the subject property and its improvements, according to the most recent assessments.
e.
Amount of real estate taxes for the previous 2 years.
f.
Amount of annual debt service, if any, for the previous 2 years.
g.
All appraisals obtained within the previous 5 years by the owner or applicant in connection with the purchase, financing or ownership of the subject property.
h.
Any listing of the property for sale or rent, including the price asked and the offers received, if any.
i.
Any consideration by the owner for profitable and adaptive uses for the property, including renovation studies, plans and bids, if any.
F.
Application. Application for a landmark demolition permit shall be made in a form prescribed by the zoning administrator and accompanied by a fee established by resolution of the city council. Only the owner of the site may apply for a landmark demolition permit.
G.
Initial Review. Upon the filing of an application for a landmark demolition permit, the zoning administrator shall verify that the activity to be performed requires a demolition permit and is subject to obtaining a landmark demolition permit. After any required environmental review has been performed, the zoning administrator shall submit the application to the historic advisory commission.
H.
Required Findings.
1.
The historic advisory commission shall not issue a landmark demolition permit unless it finds that the owner has demonstrated all of the following, based on substantial evidence:
a.
There is no feasible economic use of the building or structure, as demonstrated by the economic evidence submitted with the permit application.
b.
It is not possible or practical to renovate the building or structure so that it can provide a feasible economic use.
c.
The property cannot be sold or leased at a reasonable price to a buyer or tenant who would retain the building or structure.
d.
The building or structure cannot be moved to another site without compromising the building's historic integrity or adversely affecting public utilities or trees; or the owner of the building or structure has made an offer to move the building, in accordance with the requirements of this section, and the offer has not been accepted.
2.
Any historic advisory commission action regarding the issuance of a landmark demolition permit may be appealed, as provided in Section 17.56.100.
3.
Any determination regarding a landmark demolition permit shall be considered a discretionary action and shall be subject to all applicable provisions of the California Environmental Quality Act (CEQA).
I.
Offer to Move Requirements. Whenever required by this section, the owner of a building that is proposed for demolition shall offer any member of the public the opportunity to move a building or structure from a landmark or landmark site.
1.
At least one notice of the "offer to move" shall be published in a daily newspaper of local circulation. The notice shall be in a form approved by the zoning administrator and shall contain a statement that the building is being made available to any member of the public free of charge, or for a nominal cost based upon the building's salvage value, and must be moved at the taker's expense.
a.
The offer contained in the notice shall remain outstanding for a period of 30 days.
b.
The offer contained in the notice shall be conditioned upon the acceptor's agreement to remove the building in its entirety, along with any associated debris, from the site, no later than 90 days from the date of publication of the notice; however, nothing shall preclude the owner of the building and the acceptor from mutually agreeing to a longer period of time.
2.
If an offer to move the building is accepted by any member of the public, the city shall process the necessary permits to accommodate the moving of the building.
J.
Expiration. A landmark demolition permit shall be valid for one year after the date when it is issued; provided, however, that if a demolition permit is obtained before the landmark demolition permit expires, the landmark demolition permit shall be valid until the demolition permit expires.
K.
Appeals. Any action regarding the issuance or denial of a landmark demolition permit may be appealed as provided in Section 17.56.100.
L.
Violations and Penalties. Any person or entity that demolishes any building or structure for which a landmark demolition permit is required without first obtaining that permit in accordance with the provisions of this section shall be guilty of a misdemeanor, punishable by the fine outlined in the Master Fee Schedule and/or 6 months in the County Jail. In addition, no building permit shall be issued for any development on the former landmark's site for a period of 5 years from the date the violation occurs; provided, however, that if necessary to protect health and safety, a permit may be issued for development that does not exceed the square footage or site coverage of the original structure, and that does not involve a change of use.
(Ord. 1749 § 4; Ord. 1762 §§ 10, 11; Ord. 1790 § 2)
§ 17.48.070 Tree removal permits.
A.
Purpose. The purpose of requiring tree removal permits is to preserve the city's mature trees by placing appropriate restrictions on their removal, while also allowing the removal of trees when necessary to protect the health, safety and welfare of the public.
B.
Applicability. The removal of any protected tree requires approval of a tree removal permit. The requirements of this section shall apply to any protected tree.
2.
A protected tree does not include the following species: Ailanthus, Chinese Tallow, Freemont Cottonwood or Poplar, Privet, Box Elder, Eucalyptus, Silver Wattle, Black Acacia, English Hawthorn, Red Gum, Tasmanian Blue Gum, Edible Fig, English Holly, Cherry Plum, Black Locust, Peruvian Peppertree, Brazilian Peppertree, Palm, Western Catalpa, Chinese Elm or Winged Elm; or fruit and nut trees.
C.
Exceptions to Permits and Mitigation Requirements. A tree removal permit or mitigation shall not be required for the following circumstances:
1.
When a tree is damaged and the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees has determined that its immediate removal is necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property.
2.
Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree.
3.
When removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.
4.
When removal is determined to be necessary to comply with fuel modification requirements or to meet defensible space requirements, as described in CAL FIRE Guidelines.
5.
When removal is determined as necessary by the property owner's insurance provider, as detailed in an insurance report or other formal correspondence, to maintain homeowners' insurance coverage.
6.
Routine trimming, pruning, or maintenance which does not cause damage or death of a tree.
7.
Removal of a tree that is dead, dying, or in poor health as determined by a certified arborist.
D.
Application.
1.
Application for a tree removal permit shall be made in a form prescribed by the zoning administrator and accompanied by a fee established by resolution of the city council. Only the owner of the site or their authorized agent may apply for a tree removal permit.
2.
The application for a tree removal permit shall include a map depicting the location, size and type of all trees within or immediately adjacent to the subject property. The map shall also depict any permanent buildings or structures on the subject property.
3.
The review authority for a tree removal permit shall be determined as follows:
a.
For trees on public property, unless the removal is associated with a proposed development that requires planning commission approval, the director of public works or designee shall be responsible for issuing tree removal permits.
b.
For trees on private property, unless the removal is associated with a proposed development that requires planning commission approval, the zoning administrator shall be responsible for issuing tree removal permits.
c.
For any proposed development that requires planning commission approval, the planning commission shall review the trees being removed, and approval of the project shall also be approval to remove all specified trees.
E.
Required Findings.
1.
A tree removal permit shall not be issued unless the review authority finds, based on substantial evidence, that the owner has demonstrated that the removal is necessary in order to accomplish any one of the following objectives:
a.
To ensure public safety as it relates to the health of the tree, potential hazard to life or property, and proximity to existing or proposed structures, and interference with utilities or sewers.
b.
To allow reasonable enjoyment of the property, including sunlight access and the right to develop the property.
c.
To pursue good, professional practices of forestry or landscape design.
F.
Removal Without a Permit. No person shall remove, cause to be removed, or effectively remove any tree from any property which is subject without first obtaining a tree removal permit, unless otherwise provided by the exceptions of this section.
§ 17.48.080 Variances.
A.
Purpose. When the strict and literal enforcement of the provisions of this title results in unreasonable and unnecessary hardships, or in results inconsistent with the general purposes of this title, the planning commission shall have the authority to grant variances that are in harmony with the purposes of this title. The sole purpose of any variance shall be to prevent discrimination and undue hardship, and no variance shall be granted that would provide a special privilege not shared by other property in the same vicinity.
B.
Standards to Be Modified. A variance shall not permit any land use that is not allowed in the applicable zoning district, as specified in this chapter.
C.
Application.
1.
Application for a variance shall be made to the planning commission in writing on a form prescribed by the planning commission. The application shall be subject to a fee established by resolution of the city council.
2.
The planning commission shall hold at least one public hearing on the application, notice of which shall be given by one publication in a newspaper of general circulation in the county at least 10 days prior to the hearing, or by posting notice on the property involved at least 10 days prior to the hearing.
3.
The planning commission shall grant a variance only upon finding all of the following, based on substantial evidence:
a.
The granting of the variance is not inconsistent with the general plan or any applicable specific plan.
b.
There are exceptional and extraordinary circumstances or conditions applying to the land, building or use referred to in the application that do not generally apply to other land, buildings or uses in the same district.
c.
The granting of the variance will not grant a special privilege to the property.
d.
The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district, and that would otherwise be denied to the property in question.
e.
The granting of the variance will not be materially detrimental to the public welfare.
f.
The granting of the variance will not be injurious to, or incompatible with, any nearby property or improvements.
(Ord. 1749 § 4; Ord. 1762 § 13)
§ 17.48.085 Minor variances.
A.
Minor variances are a form of variance in which potential impacts are lesser in nature and require a simpler review process. A minor variance is a deviation from the zoning code of 15% or less. Deviations of more than 15% of the zoning code shall be processed as a variance. A minor variance may be approved or denied through a zoning administrator hearing; however, at the zoning administrator's discretion, certain applications for a minor variance may be referred to the planning commission for their discretionary review. The zoning administrator or planning commission may attach any conditions deemed necessary to ensure compliance with the zoning code, general plan and to protect the public health, safety and general welfare.
B.
All minor variances shall be reviewed by the development review committee prior to a zoning administrator hearing.
C.
Minor variances shall comply with the same public noticing requirements applicable to variances.
D.
For applications that are referred to the planning commission, standard variance application fees shall apply.
(Ord. 1823 § 3, 2017)
§ 17.48.090 Nonconforming uses and structures.
A.
General. If a building, structure or land use existed lawfully at the time when it was erected or initiated, but it does not conform to the current regulations of the zoning district in which it is located, it may be continued, subject to the provisions of this section.
B.
Nonconforming Uses.
1.
The enlargement or relocation of a nonconforming use on the same parcel may be allowed upon approval of a use permit. Before granting a use permit to enlarge or relocate a nonconforming use, the planning commission shall find, based on substantial evidence, that the benefit to the public health, safety or welfare exceeds any detriment inherent in such a change. In addition, the conditions of approval for the use permit shall state that the new use is a nonconforming use and is subject to this section's requirements for nonconforming uses.
2.
A nonconforming use may be changed to a different nonconforming use of the same nature, or a less-intensive or more-restricted nature, upon approval of a use permit. The conditions of approval for the use permit shall state that the new use is a nonconforming use and is subject to this section's requirements for nonconforming uses.
3.
If a nonconforming use has been discontinued for at least one year, any future use of the site shall be in conformity with the provisions of the district in which it is located, as well as all other applicable requirements of this title. For multiple-tenant buildings, this requirement shall apply when more than 50% of the multiple-tenant building's gross floor area has been unoccupied for one year.
C.
Nonconforming Structures—General.
1.
A nonconforming structure shall not be enlarged or altered in any manner that increases its nonconformity.
2.
Any portion of a nonconforming structure that is involuntarily demolished, in whole or in part, may be reconstructed if building permits are issued within one year of the involuntary demolition. This provision shall also apply in cases where the building official has required demolition or reconstruction.
3.
A nonconforming structure that is voluntarily demolished shall not be reconstructed, unless it is brought into full compliance with the requirements of this title.
4.
A building or structure shall not be nonconforming solely because it does not conform to setback requirements. Damaged or destroyed portions of buildings or structures whose physical location on a site conforms to setback requirements that applied at the time of construction may be reconstructed in the original location, provided that they are in compliance with building codes applicable at the time of reconstruction. However, additions to such buildings or structures shall comply with current setback requirements.
D.
Nonconforming Structures—Dwelling Units.
1.
Nonconforming dwelling units in the CN and C-1 districts may be enlarged, moved, altered or reconstructed, provided there is no increase in the number of dwelling units, kitchens or households.
2.
A nonconforming dwelling in a commercial or industrial zoning district that is involuntarily destroyed or demolished may be reconstructed with approval of an administrative permit if all of the following circumstances apply:
a.
A valid building permit to reconstruct the dwelling is obtained within one year of the time it was substantially destroyed, and a certificate of occupancy is obtained for the dwelling within one year after issuance of the building permit.
b.
The dwelling to be reconstructed was lawfully and continuously occupied within one year of the time it was substantially destroyed. For the purposes of this section, "continuously occupied" means that the dwelling was occupied for at least 9 of the 12 months that preceded its substantial destruction. Prior to issuance of a building permit to reconstruct the dwelling unit, the owner of the property on which it is located shall provide evidence of the time of substantial destruction and evidence of continuous occupancy, such as utility bills, within one year of that destruction.
c.
Reconstruction of the dwelling does not result in expansion or relocation of the structure, or the number of dwelling units within it.
d.
Off-street parking is provided for the dwelling in accordance with city standards in effect at the time of reconstruction.
(Ord. 1749 § 4)
§ 17.48.100 Substandard lots.
A.
General. In any zoning district, lots or parcels that do not meet this chapter's requirements for minimum lot area or lot dimensions may be developed or occupied by the uses permitted in that district, provided that:
1.
The lots or parcels were created in compliance with any applicable laws in effect at the time of their creation.
B.
Conformance with Current Requirements. Any building or structure that is erected on a nonconforming lot shall conform to all current requirements for setbacks, heights and floor area ratios (FAR), as well as any other applicable requirements of this title.
C.
Number of Dwelling Units. In any residential zoning district that has a requirement for minimum lot area per dwelling unit and allows duplexes or multiple-family dwellings, no more than one dwelling unit may be erected on a lot or parcel that does not have the required minimum lot area per dwelling unit.
(Ord. 1749 § 4; Ord. 1869 § 1, 2022)