This chapter establishes regulations for legal nonconforming land uses, structures, and parcels. These are land uses, structures, and parcels within the city that were lawfully established, constructed, or subdivided before the adoption or amendment of this Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Code or its amendments. This chapter is intended to encourage the city's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property or business owners.

(Ord. 1104, passed 7-10-04; Am. Ord. 1181, passed 11-19-07)

   (B)   This chapter does not apply to any nonconforming structures owned in whole or part by the city. Nothing in this chapter is intended to, nor can it, require the city to remove a publicly owned nonconforming structure or use.

(Ord. 1104, passed 7-19-04; Am. Ord. 1181, passed 11-19-07)

   (A)   Unless otherwise provided by applicable law, a nonconforming residential use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner's control may be re-established.

   (B)   Unless otherwise provided by applicable law, a nonconforming non-residential use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner's control may be re-established with a conditional use permit.

(Ord. 1181, passed 11-19-07)

   A nonconforming use which occupies a structure that is voluntarily demolished or demolished because of a maintenance failure or other neglect can be replaced only with a use that complies with all applicable provisions of this Code.

(Ord. 1181, passed 11-19-07)

   A use that is nonconforming because it lacks a conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation). Any change to such use requires a conditional use permit.

(Ord. 1181, passed 11-19-07)

   A nonconforming use previously allowed by a conditional use permit but is no longer permitted by the Code within the applicable zoning district can continue in operation, but only in compliance with all provisions of the original conditional use permit.

(Ord. 1181, passed 11-19-07)

   A nonconforming non-residential use, structure, or lot may continue to be used until such time it is required to be abated provided no alterations, expansions, or modifications of area or use are made, except as otherwise permitted by this chapter.

(Ord. 1181, passed 11-19-07)

   Restrictions and conditions affecting nonconforming uses, structures, and lots apply to that use, building, and structures, and are not affected by ownership changes.

(Ord. 1181, passed 11-19-07)

   Non-residential nonconforming uses must be abated or brought into conformance with this Code in accordance with the following amortization schedule:

TABLE 110-1 Abatement of Nonconforming Nonresidential Uses

 

 

   (C)   No nonconforming use can be changed to a less restrictive nonconforming use.

(Ord. 1181, passed 11-19-07)

   A nonconforming use that is voluntarily discontinued or ceased operations for a continuous period of 12 months or more cannot be re-established on the site. Any further use of an existing structure or site must be used in conformity with all applicable provisions of this Code.

(Ord. 1181, passed 11-19-07)

   (C)   A building or structure which does not conform to the yard regulations applicable to the zone in which such building or structure is located may be structurally altered only when:

      (1)   The alteration causes the building or structure to conform to the applicable yard regulations;

      (2)   The alteration or enlargement does not project into any required yard; or

      (3)   The alteration or enlargement is an extension of that portion of the existing building or structure that encroaches into a required yard; provided, however, the alteration or enlargement cannot extend into the required yard farther than the existing portion and cannot have an area greater than 50% of the area of the existing portion within the required yard (see Figure 110-1). This allowance may only be utilized once on a property; future alterations or enlargements after the initial 50% allowance has been used on a property may not encroach into the required yard.

(Ord. 1181, passed 11-19-07)

   Except as otherwise provided by applicable law, a residential nonconforming structure containing two or more dwelling units that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner's control may be reconstructed in compliance with this Code as follows.

   (A)   The replacement structure contains at most the same number of dwelling units and floor area as the damaged structure;

   (B)   The replacement structure complies with all other applicable provisions of this Code to the maximum extent feasible;

   (C)   Reconstruction or rebuilding of the structure will not be detrimental or injurious to the health, safety, or general welfare of the persons residing or working in the neighborhood, or will not be detrimental or injurious to the property and improvements in the neighborhood;

   (D)   A complete application for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval; and

   (E)   Reconstruction, restoration, or rebuilding of a multi-family dwelling or duplex may be prohibited if the Planning Commission finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood.

(Ord. 1181, passed 11-19-07)

   Except as otherwise provided by applicable law, a damaged single-family dwelling or non-residential structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner's control may be reconstructed in compliance with this Code as follows.

      (1)   The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, and is of no greater height than the original structure; and,

      (2)   A complete application demonstrating compliance with Title 15 for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval.

      (1)   The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city's design standards to the extent feasible, and is of no greater height than the original structure;

      (2)   A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval; and;

      (3)   The reconstructed structure must provide at least as much parking as previously existed and as much as determined by the Director to be feasible.

      (1)   The replacement structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city's design standards to the extent feasible, and is of no greater height than the original structure; and

      (2)   A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval.

(Ord. 1181, passed 11-19-07)

   Nonconforming fences and walls cannot be enlarged or altered unless they are altered to conform with this Code.

(Ord. 1181, passed 11-19-07)

   Based upon substantial evidence, the Planning Commission can find that a national-, state-, or local-designated historic use or structure is nonconforming and exempt from this chapter.

(Ord. 1181, passed 11-19-07)

      (1)   The parcel was previously a legal lot of record; or

      (2)   The parcel has a Certificate of Compliance.

(Ord. 1181, passed 11-19-07)

   (A)   Upon determination by the Planning Director that a use on a given parcel of land is a nonconforming use and the permitted abatement period has lapsed, the Director must send a notice to the owner of the parcel, as shown on the last equalized assessment roll, identifying the requirement for abatement. Such notice must be sent by a method certifying delivery of the notice.

   (B)   The notice required by this section must state the following:

      (1)   The property in question contains a nonconforming use;

      (2)   The date the use became nonconforming; and

      (3)   The date of required abatement established in this Code.

(Ord. 1181, passed 11-19-07)

   (A)   Within 30 days after the city issues a notice, the owner of the subject property may request a public hearing before the Planning Commission to consider the matter.

   (B)   The Planning Commission must receive written and oral testimony at such hearing with regard to abatement of the nonconformity.

   (C)   At the close of the public hearing, the Planning Commission must find and determine whether the nonconformity should be abated or whether a time extension should be granted. The Commission must base its decision as to the length of the permitted abatement period on evidence including, without limitation, the depreciation schedule attached to the owner's latest federal income tax return.

   (D)   The Planning Commission must also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted by the zone in which it is located.

(Ord. 1181, passed 11-19-07)

   (A)   The decision of the Planning Commission and the findings in support of the decision must be in the form of a written order and be served to the property owner personally or by a method certifying delivery within ten calendar days after the decision is rendered.

   (B)   Findings must be made as to whether or not the balancing of the public interest and the request by the owner for continuance complies with the intent of this Title 16.

(Ord. 1181, passed 11-19-07)

   The decision of the Planning Commission may be appealed to the City Council in accordance with this Code.

(Ord. 1181, passed 11-19-07)

   (A)   In establishing the time periods for the termination of nonconforming uses, the city recognizes that there may be some uses which entail a substantial investment in time and money and which require a greater period of time for abatement of the investment than that set forth in the timetable. Any party may file a petition to the Planning Commission for an extension of time for the termination of a nonconforming use. The Planning Commission may direct the Planning Director to conduct a study of the specific use and prepare a report recommending the appropriate time for termination of the use.

   (B)   The Planning Commission, or the City Council on appeal, at its discretion, may grant an extension of time for the abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

(Ord. 1181, passed 11-19-07)

   If removal of a nonconforming use is not performed within the termination period determined by the Planning Commission in accordance with this chapter, the city can remove the nonconforming use. Any cost of removal can be charged to the property owner or recorded as a lien on the subject property, in accordance with this Code.

(Ord. 1181, passed 11-19-07)