The zones applied within the City after the effective date of this code may cause some existing uses in structures to become prohibited uses in the particular zones in which they are located. The purpose of this chapter is to permit these non-conforming uses to be continued until they are removed or discontinued. Non-conforming uses are incompatible with the permitted uses in the zone; therefore, standards are required to assure that changes in the scope of the use are, or can be, made compatible with the permitted uses in the zone.

A.    Prior listed permitted uses. This subsection provides for an exception to the non-conforming use provisions for uses which were prior listed permitted uses in the following zones (Neighborhood Commercial, General Commercial, Office Business Center, Campus Industrial and General Industrial), which were superseded by the code and which were legally established prior to the effective date of this code. The following shall apply:

1.    A use which was permitted outright and is not listed in the applicable zone as a use permitted outright shall be deemed to be a conforming conditional use and shall be subject to the provisions of Chapter 60 CDC, Conditional Uses, and Chapter 55 CDC, Design Review.

2.    A use which was permitted outright, but which is a conditional use in the applicable zone, shall be deemed to be a conforming conditional use and change shall be subject to the provisions of Chapter 60 CDC, Conditional Uses, and Chapter 55 CDC, Design Review.

B.    Prior listed conditional uses. This subsection provides for an exception to the non-conforming use provisions for uses which were prior listed conditional uses in the following zones: Neighborhood Commercial, General Commercial, Office Business Center, Campus Industrial and General Industrial, which were superseded by this code and which were legally established prior to the effective date of this code, and which are not a listed conditional use in the applicable zone, shall be deemed to be a conforming conditional use and any changes shall be subject to the provisions of Chapter 60 CDC, Conditional Uses, and Chapter 55 CDC, Design Review.

C.    Uncompleted construction.

1.    In order to avoid undue hardship, this code does not require any change in the location, plans, construction, size, or use of a lot or structure, or part thereof, for which a final development approval or building permit was received prior to the date of adoption of the ordinance codified in this chapter if construction of the structure or the use is established within one year of the effective date or in accordance with an approved development schedule; however:

a.    If a building permit is revoked or for any reason becomes void, all rights granted by this section are extinguished and thereafter all requirements of the code shall be met; and

b.    The structure and uses shall be controlled by the provisions of this chapter and Chapters 66 and 67 CDC.

A.    Uses made exceptions to the non-conforming use provisions by CDC 65.030(A) and (B) shall be governed by the following:

1.    Upon discontinuance of the use as provided by CDC 65.070, any new use shall conform to the provisions of the applicable zone in this code. (Ord. 1211, 1987)

A.    The Planning Director shall make a determination regarding non-conforming use status.

B.    Upon application and payment of fees, the determination by the Planning Director of the non-conforming status may be appealed to the Planning Commission sitting as a fact-finding body pursuant to CDC 103.040.

C.    A petition for review by the Council sitting as a fact-finding body may be taken pursuant to CDC 103.090.

A non-conforming use may be continued, although it does not conform to the provisions of the applicable zone in which it is located, subject to the provisions of CDC 65.070 through 65.100.

If a non-conforming use is discontinued or abandoned for a period of one year, any use of the property from that time forward shall be in full conformity with the provisions of the applicable zone. For the purpose of computing the time period, a use is deemed discontinued or abandoned upon the occurrence of the first of any of the following events:

A.    On the date when the structure and/or premises are vacated.

B.    On the date the use ceases to be actively involved in the sale of merchandise or the provision of services.

C.    On the date of termination of any lease or contract under which the non-conforming use has occupied the premises.

D.    On the date a request for final reading of water meter is made to the City Utilities Department.

E.    The structure is damaged, removed or moved as provided by CDC 66.070. (Ord. 1211, 1987)

The Planning Director shall permit the alteration of any non-conforming use when it is required by law, rule, ordinance, or regulation.

A structure or portion of a structure containing a non-conforming use may be maintained in terms of normal repairs or replacement of non-bearing walls, fixtures, wiring, or plumbing performed in a manner not in conflict with the other provisions of the City code. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

An expansion of the use within the same structure or an alteration to the structure may be permitted subject to review and approval by the Planning Commission under the provisions of CDC 65.110 to 65.140.

A.    Building permits for all or any portion of a non-conforming use shall be issued only on the basis of the site plan and conditions as approved by the Planning Commission.

B.    Any change in the site plan or conditions of approval shall require a new application and hearing pursuant to the provisions set forth in this chapter and CDC 99.120(B).

A.    An application to enlarge a non-conforming use or to alter a structure containing a non-conforming use shall be initiated by the property owner or the owner’s authorized agent.

B.    A prerequisite to the filing of an application is a pre-application conference at which time the Planning Director shall explain the requirements and provide the appropriate forms.

C.    An application shall include the completed application form and:

1.    A narrative which addresses the approval standards set forth in CDC 65.130 and which sustains the applicant’s burden of proof.

2.    A site plan as provided by CDC 65.140.

One original application form must be submitted. One copy at the original scale and one copy reduced to 11 inches by 17 inches or smaller of all drawings and plans must be submitted. One copy of all other items must be submitted. The applicant shall also submit one copy of the complete application in a digital format acceptable to the City. When the application submittal is determined to be complete, additional copies may be required as determined by the Community Development Department.

D.    The applicant shall pay the requisite fee. (Ord. 1442, 1999; Ord. 1621 § 25, 2014; Ord. 1622 § 17, 2014)

A.    The Planning Commission shall approve, approve with conditions, or deny an application to enlarge a non-conforming use or alter a structure containing a non-conforming use based on the provisions set forth in CDC 99.060(B) and findings of fact on each of the following:

1.    The granting of the enlargement or alteration will provide for a facility that is consistent with the overall needs of the community;

2.    The characteristics of the site can accommodate the change considering size, shape, location, topography, and natural features;

3.    The site size and dimensions provide adequate area for aesthetic design treatment to eliminate any possible adverse effects from the use on surrounding properties and uses;

4.    All required public facilities have adequate capacity to serve the proposal;

5.    The alteration to the structure or expansion of the use will have no greater impact on the surrounding properties, community, or public facilities than existed at the time this application was made;

6.    The applicable dimensional requirements of the zone are met;

7.    The applicable supplementary requirements set forth in Chapters 34 to 55 CDC are met; and

8.    The use will comply with the applicable policies of the Comprehensive Plan.

B.    All approved enlargements or alterations to an existing non-conforming use shall be subject to the design review provisions set forth in Chapter 55 CDC.

C.    The Planning Commission, as provided by CDC 99.120, may impose conditions on its approval which it finds are necessary to assure the use is compatible with other uses in the vicinity. These conditions may include but are not limited to the following:

1.    Limiting the house, days, place, and manner of operation;

2.    Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust;

3.    Requiring additional setback areas, lot area, or lot depth or width;

4.    Limiting the building height, size or lot coverage, or location on the site;

5.    Designating the size, number, location, and design of vehicle access points;

6.    Requiring street right-of-way to be dedicated and the street to be improved;

7.    Designating the location and size of the vehicle access points;

8.    Requiring landscaping, screening, drainage, and surfacing of parking and loading areas;

9.    Limiting the number, size, location, height, and lighting of signs;

10.    Limiting or setting standards for the location and intensity of outdoor lighting;

11.    Requiring berming, screening, or landscaping and the establishment of standards for the installation and maintenance;

12.    Requiring and designating the size, height, location, and materials for fences; and

13.    Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, and drainage areas. (Amended during July 2014 supplement)

A.    All site plans and maps shall include the name, address, and telephone number of the applicant, the scale of the site plan, north arrow and vicinity map.

B.    The applicant shall submit a site plan drawn to an appropriate scale (in order of preference: one foot equals 10 feet to one foot equals 30 feet) which contains the following:

1.    The subdivision name, block, and lot number or the section, township, range, and tax lot number.

2.    The lot or parcel boundaries, dimensions, and gross area.

3.    The applicant’s property and the surrounding property to a distance sufficient to determine the relationship between the applicant’s property and proposed development to the adjacent property and development.

4.    The location, dimensions, and names of all existing and platted streets and other public ways and easements on adjacent property and on the site.

5.    The location, dimensions, and setback distances of all:

a.    Existing structures, improvements, utility, and drainage facilities on adjoining properties;

b.    Existing structures, improvements, utility, and drainage facilities to remain on the site; and

c.    Proposed structures or changes to existing structures, improvements, utility, and drainage facilities on the site.

6.    The existing and proposed location and dimensions of:

a.    The entrances and exits to the site;

b.    The parking and circulation areas;

c.    Loading and service areas for waste disposal, loading, and delivery;

d.    Pedestrian and bicycle circulation areas;

e.    On-site outdoor recreation spaces and common areas; and

f.    Above-ground utilities.

7.    The location of areas landscaped and proposed to be landscaped.

8.    The location and type of outdoor lighting with specific consideration given to crime prevention.

C.    The applicant shall submit the site plan on a map showing two-foot contours up to a 20 percent grade and 10-foot contours on grades above 20 percent. (Ord. 1636 § 44, 2014)