Walnut City Zoning Code
CHAPTER 6
72 NONCONFORMING LOTS, BUILDINGS AND USES
§ 6.72.010 Purpose of chapter.
Where uses and structures legally existing on the effective date of this chapter or an amendment of this chapter are not in conformity with the provisions of this title, it is the intent and purpose of this chapter to declare such uses and structures to be nonconforming for the purpose of protecting the public health, safety and general welfare.
§ 6.72.020 Regulation of nonconforming uses and structures.
The following regulations shall apply to all nonconforming uses:
A.
Continuation of Nonconforming Uses. A nonconforming use may be continuously maintained provided there is no alteration or addition to any structures nor any enlargement of area, space or volume occupied by or devoted to such use, except as otherwise provided in this chapter.
B.
Additions to a Nonconforming Use. This section does not authorize the extension, expansion or enlargement of the area of land or the area within a building or structure devoted to a nonconforming use or permit the addition of land, buildings or structures used in conjunction with such nonconforming use except to the extent required by a subsequently enacted or subsequently adopted law, ordinance or regulation and the Planning Director so finds. Such additions as are permitted by this section shall not be construed to extend the termination date of the subject nonconforming use.
C.
Additions to a Nonconforming Building or Structure. Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this chapter and is nonconforming only because it does not meet the following standards of development as provided herein:
1.
Yards, provided such addition or expansion is developed pursuant to the yard requirements of this chapter.
2.
Such additions as are permitted by this subsection shall not be exempt from compliance to any provisions of this chapter nor extend the termination date of the subject nonconforming use.
D.
Substitution of a Conforming Use in a Structure Nonconforming Due to Standards Other Than Parking. A use which is not in violation of any provisions of this chapter and is nonconforming only because it does not meet the requirements of the standards of development, other than automobile parking space requirements, may be changed to a use permitted in the zone. Any such change of use shall not extend the termination date established for the original nonconforming use.
E.
Buildings and Structures Under Construction. Any building or structure, for which a valid building permit has been issued prior to the effective date of this chapter or any amendment thereto, may be completed and used in accordance with the provisions of this chapter provided:
1.
That such construction or the proposed use of such building or structure under construction is not in violation of any other ordinance or law at said effective date.
2.
That such building or structure is completed within one year from said effective date, if not more than 70,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 70,000 square feet.
3.
That such building or structure is completed in accordance with the plans and specifications on which such building permit was issued.
F.
Repair of Damaged or Partially Destroyed Nonconforming Buildings or Structures. Any nonconforming building or structure or any building or structure containing a nonconforming use which is damaged or partially destroyed may be restored to the condition which it was immediately prior to the occurrence of such damage or destruction, provided:
1.
That the cost of reconstruction does not exceed 50% of the total market value of the building or structure. For the purpose of arriving at such value, the building official shall determine the valuation of such nonconforming use that existed prior to said destruction by such accepted principles, practices, methods, and other resources as are available.
2.
That all such reconstruction shall be started within 180 days from the date of damage and be pursued diligently to completion. Failure to commence reconstruction within the time specified shall be construed as termination of the nonconforming use.
3.
That reconstruction shall not extend the termination date of such nonconforming building or structure specified in this chapter.
G.
Maintenance of Nonconforming Buildings or Structures. When maintenance or routine repairs within any 12-month period exceeds 25% of the current market value of an existing building or structure as reflected by the current assessment roll, such building or structure shall be made to conform to the requirements for new buildings or structures as specified by this chapter. This provision does not apply to additions permitted by this chapter.
H.
Limitation on Additional Development. No new use, building or structure shall be developed on any lot or parcel of land containing a nonconforming use, building or structure unless the following conditions prevail:
1.
That each existing and proposed use, building or structure, including appurtenant structures, improvements and open space, will be located on a lot or parcel of land having the required area as provided in the various zones of this title.
2.
That each such lot or parcel of land contain the minimum required area of the zone.
3.
That each lot or parcel created, other than that with the nonconforming use, shall comply with all requirements of the zoning ordinance.
4.
That the Commission in approving the division of the lot or parcel of land, may, as a condition to that division, require that any or all of the nonconforming uses be terminated and or any or all structures be brought into compliance with the zoning ordinance.
§ 6.72.030 Termination of nonconforming uses and structures.
A.
Termination by Discontinuance. Discontinuance of a nonconforming use as indicated herein shall immediately terminate the right to operate such nonconforming use, except when extended as otherwise provided in this chapter:
1.
Changing a nonconforming use to a conforming use.
2.
Discontinuance of a nonconforming use for a consecutive period of 180 days.
B.
Termination by Operation of Law. The following nonconforming uses and structures shall be discontinued and removed from their sites, from effective date of this chapter or amendment thereto establishing said nonconforming status, except when extended or revoked as otherwise provided in this chapter:
1.
Where the property is unimproved, or where the property is unimproved, except structure of a type for which the City building code does not require a building permit, one year.
2.
Where the property is unimproved except for structures which contain less than 100 square feet of gross floor area, or where such structures have a total market value of $500.00 or less as reflected by the current assessment roll, one year.
3.
Where a nonconforming use is carried on in a conforming structure, three years, except where the provisions of paragraph 2 above apply.
4.
In other cases 20 years from the effective date of this chapter or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the Building Code, will be as follows:
a.
Type IV and Type V buildings (light incombustible frame and wood frame): 30 years.
b.
Type III buildings (heavy timber construction and ordinary masonry): 40 years.
c.
Type I and Type II buildings (fire resistive): 50 years.
5.
Where the nonconformity consists of failing to obtain a conditional use permit, six months from the effective date of the ordinance imposing the requirement for a conditional use permit.
§ 6.72.040 Revocation of nonconforming use as a nuisance.
Whenever any nonconforming use is exercised so as to constitute a nuisance and/or condition detrimental to the public health, safety or welfare, the Planning Commission on its own initiative shall make, or cause to be made, such investigations deemed necessary and essential to substantiate same, and fix a date upon which such nuisance and/or detrimental condition shall be abated, at a public hearing as provided hereinafter. Such investigation shall also include necessary and essential facts to substantiate and fix a date upon which the nonconforming use shall be terminated in the event it is determined, by the Planning Commission at said public hearing, that the conditions or circumstances constituting such nuisance and/or detrimental condition cannot be abated. Notices and public hearing shall be conducted pursuant to the requirements of Chapter 6.80.
§ 6.72.050 Nonconforming use exception.
Any multiple-family development project consisting of more than 30 units existing as a legal nonconforming use in the C-3 zone on the date of the adoption of this chapter may be improved, and may be exempted from the provisions of subsections 6.72.020(F) and (G) and 6.72.030(B) under the following circumstances:
A.
The improvements are approved by the conditional use permit process.
B.
The improvements exceed a value of $100,000.00.
C.
The conditional use permit shall contain a provision that the property and all improvements must be maintained in a safe, sanitary, attractive and aesthetically pleasing condition.
D.
The City Council, after a public hearing, may determine that the property and the improvements are not being maintained in a safe, sanitary, attractive and aesthetically pleasing condition. Upon such determination by the Planning Commission, the conditional use permit shall be revoked and the legal nonconforming use status of the property and the improvements shall terminate. Such property shall be deemed an illegal use of property and subject to all remedies allowed by law.
E.
The conditional use permit shall exempt the development from the provisions of subsection 6.72.020(F) and allow the development to be repaired or rebuilt if the development is accidentally damaged or partially destroyed.
F.
The property and improvements shall be exempt from the provisions of subsection 6.72.020(G).
G.
Notwithstanding the provisions of subsection 6.72.020(B), additions to the property may be allowed by conditional use permit.
H.
The conditional use permit may impose such other conditions as are reasonable to protect the public health, safety and welfare.
