Sparks City Zoning Code
CHAPTER 20
06 - NONCONFORMITIES
Purpose: Applying new regulations to existing development can create situations where existing lot dimensions, development density or intensity, land uses, buildings, structures, landscaping, parking areas, signs or other conditions do not strictly comply with the new requirements. This chapter protects and regulates nonconforming uses, buildings, structures, and lots (referred to collectively as "nonconformities"), and specifies the circumstances and conditions under which those nonconformities may continue. The City finds that nonconformities that adversely affect the orderly development and value of other property in the neighborhood or district should not continue unless restricted. At the same time, reinvestment in some properties that do not strictly comply with current regulations can maintain existing neighborhood assets and economic growth, and is allowed with appropriate conditions. For existing lots or development (including uses, buildings, structures, and signs) that are "legally nonconforming," this chapter sets out fair rules for whether, when, and how the regulations of this title apply.
Section 20.06.001 - Types of nonconformities.
A.
There are four types of nonconformities addressed by this chapter:
B.
Unlawful Uses. This chapter does not excuse, authorize or legitimize uses, buildings, structures, parcels, or signs that were used, erected or maintained in violation of any previous zoning, subdivision or building regulation or otherwise not legally established or constructed. Those uses, buildings, structures, or signs are not "legally" nonconforming, but instead remain unlawful and subject to all requirements of this title (including enforcement provisions) and any other applicable law.
(Ord. 2512, § 1(Exh. A), Add. 08/24/2015)
Section 20.06.002 - Right to continue a nonconformity.
A.
Prior rights. This chapter does not terminate any uses, site requirements or other adjustments authorized under the provisions of any ordinance that was repealed, and does not excuse any violation of those ordinances.
B.
Right to Continue a Nonconforming Use. A nonconforming use may continue under the provisions of this chapter unless it becomes a public nuisance or is deemed abandoned (see below).
(Ord. 2512, § 1(Exh. A), Add. 08/24/2015)
Section 20.06.003 - Nonconforming use.
A.
Applicability. A "nonconforming use" means any use of land which was lawfully established prior to the adoption of this title or amendments thereto, which would not be permitted under the current provisions of this title. This includes any use which was lawfully established without a discretionary review, and would require that review under the current provisions of this title.
B.
Abandonment of Nonconforming Uses.
1.
Abandonment is any cessation of a use regardless of intent to resume the use. In considering whether a use is abandoned, the Administrator shall consider any combination of the following:
a.
Failure to maintain regular business hours, typical or normal for the use;
b.
Failure to maintain equipment, supplies or stock-in-trade that would be used for the active operation of the use;
c.
Failure to maintain utilities that would be used for the active operation of the use;
d.
Failure to pay taxes, including but not limited to sales tax, workers' compensation taxes, corporate taxes that would be required for the active operation of the use;
e.
Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use;
f.
Failure to maintain applicable business license(s); and
g.
Other relevant evidence.
2.
If a nonconforming use ceases for a continuous period of more than two years, or is superseded by a permitted use for a period of at least two years, the nonconforming use is deemed abandoned and shall not be reestablished.
C.
Enlargement of Nonconforming Uses.
1.
A nonconforming use shall not be extended or enlarged by more than ten of percent the area lawfully occupied by the nonconforming use as of the date on which it became nonconforming, except by conditional use permit. The enlargement of the nonconforming use shall not extend onto an additional parcel.
2.
Any enlargement of a nonconforming use not requiring a conditional use permit shall obtain administrative review.
Section 20.06.004 - Nonconforming lots.
A.
Nonconforming lots. Any lot or parcel of record as of April 1, 1977, which fails to meet the current requirements for lot area or width or both, may be developed for any use permitted in the zoning district in which it is classified if all other applicable requirements of the title are satisfied.
(Ord. 2512, § 1(Exh. A), Add. 08/24/2015)
Section 20.06.005 - Substandard development.
A.
Applicability. Substandard development means a lawfully improved lot or parcel, including any structure thereupon, which does not satisfy the current provisions of this title regarding parking, landscaping, signs, or other site development standards including building height, building design, setbacks or other dimensional standards.
1.
Alteration, extension or expansion. A structural alteration, including an extension or expansion of a nonconforming structure is allowed if it:
a.
Does not increase the applicable nonconformity; and
b.
Does not involve or create a nonconforming use or substandard development.
B.
Maintenance, Repairs and Alterations. Routine maintenance of nonconforming structures is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconformity.
C.
Right to Continue a Substandard Development. A substandard development may continue to be occupied and used for any purpose permitted by this title unless it becomes a public nuisance or is damaged or destroyed as provided in this title.
D.
Intensification of a Substandard Development.
1.
Intensification of a substandard development (order "intensify") is any:
a.
Increase in lot coverage;
b.
increase in building floor area; or
c.
Increase in building height.
2.
A substandard development shall not intensify unless the incremental changes and/or additions meet the current requirements of this title, except as provided below.
3.
If the development is substandard as to parking, the intensification is not allowed unless the entire development provides at least 75 percent of the currently required parking.
4.
If the development is substandard as to landscaping, the intensification is not allowed unless the entire development provides at least 65 percent of the currently required landscaping.
5.
If development is unable to meet the requirements of this section, the changes or enlargements to a substandard development may be approved through a conditional use permit when the proposed changes are not detrimental to the public health, safety and welfare.
(Ord. 2512, § 1(Exh. A), Add. 08/24/2015)
Section 20.06.006 - Damage or destruction.
A.
Applicability. This section applies to the destruction or damage of any nonconforming use, nonconforming structure or substandard development.
B.
Up to 50 Percent. Any destruction or damage less than 50 percent of the replacement value of the use, structure or development may be repaired or replaced at any time.
C.
Greater Than 50 Percent.
1.
Any destruction or damage to an extent greater than 50 percent of the replacement value of the use, structure or development may be repaired or replaced within two years after it is destroyed or damaged.
2.
If use, structure or development is not repaired or replaced within this time period, it may not be repaired or replaced unless it is made to conform to the current requirements of this title.
(Ord. 2512, § 1(Exh. A), Add. 08/24/2015)
Section 20.06.007 - Applications in progress.
A.
Applicability.
1.
This subsection applies to any application in progress, defined as applications for zoning approval that were filed before this title, or an amendment to this title that affects the application, became effective.
2.
An application in progress is not considered legally nonconforming, except as provided below. The application is subject to all applicable provisions of this title when the application was filed and while it is being processed, unless otherwise provided in an ordinance amending this title.
3.
Effect on existing building permits. Nothing in this title requires a change in plans, construction, or designated use of any building or structure for which a building permit was lawfully issued prior to the effective date of adoption or amendment of this title, if construction was commenced and completed within the time period required by the building code. If the building code does not establish a time period for construction, construction must be commenced within 180 days and completed within two years after issuance of the building permit.
B.
Continuation. The development approval process usually requires a series of steps, and applications are subject to any conditions provided in an earlier step in the approval process as set out in this Chapter 20.05. An approved application normally does not created a legal nonconformity or vested rights. However, in consideration of existing, good faith investments in project approvals, the City will continue to process existing applications as follows:
Table B-1 Conditions on Existing Approvals
C.
Buildings Under Construction. A building legally under construction that does not comply with this title becomes substandard when this title or an amendment becomes effective.
D.
Appeal.
1.
If the rules above do not apply, the applicant may file an appeal with the City Council.
2.
The City Council may, on appeal, allow the application to proceed if it finds that the applicant has vested rights under Nevada law.
(Ord. 2512, § 1(Exh. A), Add. 08/24/2015)