Chapter 17.100
NONCONFORMING SITUATIONS

Sections:

17.100.010    Purpose, applicability, and general provisions.

17.100.020    Nonconforming uses.

17.100.030    Nonconforming buildings, structures, and site improvements.

17.100.040    Nonconforming signs.

17.100.050    Nonconforming lots of record.

17.100.010 Purpose, applicability, and general provisions.

A.    Purpose. The provisions of this chapter are intended to establish the standards, allowances, and limitations relating to nonconforming situations. Nonconforming situations include land use, structures, site improvements, signs, and lots/parcels that were legally established and remained in continuous existence but do not fully (or partially) comply with the current standards of Titles 16 and 17. The city of Valdez intends to allow nonconforming situations to remain in operation/existence, allow for repairs and maintenance, and to allow for limited expansions thereto.

B.    Applicability. The provisions of this chapter apply to nonconforming situations relating to land uses, structures, site improvements, signs and lots/parcels that were lawful at the time they were established. These provisions do not apply to lots, land uses, structures, signs and other site improvements established in violation of the VMC.

C.    Nonconforming Situations Described. This chapter recognizes the following nonconforming situations that may exist within the municipal limits:

1.    Nonconforming Uses. Land uses or land use activities that may exist within a zoning district that would not be allowed, or that would normally require special approval to establish, under the current code standards.

2.    Nonconforming Structures/Buildings and Other Site Improvements. Any building, structure, and/or site improvement that may exist which does not comply with the dimensional standards and/or building size limitations of the underlying zoning district (e.g., setbacks, building height, and similar standards). This also describes existing developments that do not fully comply with the standards of this code.

3.    Nonconforming Signs. Any sign or collection of signs on a given lot that does not comply with the code’s size, area, and quantity limitations.

4.    Nonconforming Lots of Record. Any lot that may exist that does not comply with the minimum size or dimensional standards of the district for which it is zoned. This also includes lots that do not comply with the zoning district’s access and frontage requirements.

5.    Nonconforming Elements of an Approved Permit/Plan. Any site element and/or land use component that was legally allowed under a city of Valdez land use permit.

D.    Continuation, Repair, and Maintenance.

1.    Continuation. A legally established nonconforming situation may remain in existence; however, the provisions of Section 17.100.020 apply where a nonconforming land use is abandoned or ceases to operate.

2.    Lot. Any legally established nonconforming lot/tract may be used and developed pursuant to the use and dimensional standards of the current zoning district and the other applicable provisions of this title. Said lot/tract shall also be subject to the use and development limitations pursuant to any plat in which it is a part.

3.    Repair and Maintenance. Ordinary repairs and maintenance of nonconforming buildings/structures, building/structures supporting a nonconforming use, and nonconforming sites are allowed. This may include, but is not limited to, the repair/maintenance of walls, roofs, fixtures, wiring or plumbing. All repair and maintenance activities shall conform to the applicable Valdez building code standards and associated permit requirement. This allowance also includes activities that increase building/structural integrity, seismic ratings, energy efficiency ratings, and/or Americans with Disabilities Act (ADA) accessibility standards. The provisions of Section 17.100.030(D) apply where a building is damaged due to a catastrophe.

4.    Other Allowances. Sections of this chapter establish the allowances and limitations for other activities associated with each nonconforming situation.

5.    Zoning Clearance. The city shall determine whether a nonconforming situation was legally established and the allowances thereto as a zoning clearance review pursuant to Section 17.12.110.

E.    Verification of Nonconforming Situation(s). The community development director may verify whether a nonconforming situation was legally established by reviewing information submitted by the applicant, public records and other readily available information to reach a determination. The community development director, or designee, may conduct the initial investigation as part of the corresponding review process pursuant to Chapter 17.12. The community development director may request that the applicant provide evidence to be considered in the nonconforming determination, and it shall be the responsibility of the applicant to prove a nonconforming situation was legally established. The following items may be used in confirming a nonconforming situation:

1.    Building and other land use permits.

2.    Zoning maps and past municipal code editions.

3.    Property tax records.

4.    Land surveys with surveyor’s seal.

5.    Recorded plats.

6.    Lease agreements relating to the subject use/property.

7.    Utility bills relating to the subject use/property.

8.    Insurance policies and/or mortgage contracts for the subject property.

9.    Aerial photography.

10.    Historic land use and/or insurance maps (e.g., Sanborn® Fire Insurance Maps).

11.    Business licenses.

12.    Witness affidavits. (Ord. 24-01 § 1)

17.100.020 Nonconforming uses.

A.    General. A nonconforming use that was legally established according to the zoning ordinance in effect at the time the use was established shall be subject to the standards herein.

B.    Continuation. A nonconforming use may continue to operate on the lot where it was legally established provided the use remained in continuous operation pursuant to this section.

C.    Discontinuation Clause. Where a nonconforming use ceases to operate on its lot for a period of twelve consecutive months, any subsequent use of land shall conform to the regulations specified in this title for the zoning district in which the land is located.

D.    Intensity/Density Limitations. A nonconforming use may not be expanded, enlarged, or increased in a manner that would increase its noncompliance with this title unless allowed by this chapter.

E.    Moving. Nonconforming uses shall not be moved, in whole or part, to any other portion of the lot on which it was originally established.

F.    Nonconforming Detached and Attached Dwellings. Legally existing nonconforming detached and attached dwellings, including manufactured and mobile homes, shall be allowed to remain in existence and are not subject to the expansion limitations or discontinuation clauses of this chapter. All building additions shall conform to the dimensional standards of the zoning district. No additional units therein may be added unless specifically allowed in the zoning district.

G.    Expansions of a Nonconforming Use. A nonconforming use may only be expanded pursuant to the following standards.

1.    Administrative Allowances. Applicants may request a one-time expansion of a nonconforming use as an administrative adjustment pursuant to Section 17.12.100 and subject to the review criteria therein. If the request is granted, the city shall not consider future applications for the same use to expand. Said expansions may not exceed five percent of the area the nonconforming use occupies at the time of application.

2.    Other Allowances. Applicants may request other expansions of a nonconforming use as a variance pursuant to Section 17.12.100 and subject to the review criteria therein. Applications under this provision shall be limited in scale and not exceed ten percent of the area the nonconforming use occupies at the time of application. (Ord. 24-01 § 1)

17.100.030 Nonconforming buildings, structures, and site improvements.

A.    General. A nonconforming structure, building or other site improvement that was legally established according to the zoning ordinance in effect at the time the structure was built shall be subject to the standards herein.

B.    Continuation. A nonconforming structure, building or other site improvement may remain on the lot and may continue to be inhabited pursuant to the applicable standards of this title and applicable Valdez building code.

C.    Expansions, Enlargements, and Other Modifications. A nonconforming structure, building, or other site improvement may be expanded, enlarged, modified, or moved pursuant to the standards of this title and the Valdez Building Code (including the dimensional standards of the zoning district in which it is located). Requests to expand, enlarge or modify a building, structure, or other site improvement that would increase its nonconformity shall be reviewed as a variance or administrative adjustment pursuant to Section 17.12.100.

D.    Damage and Catastrophes. In the event a nonconforming structure, building, or other site improvement is damaged to an extent of more than fifty percent of its assessed value at the time of destruction, it may only be reconstructed in conformity with the provisions of this title, the Valdez building code, and/or its associated land use permit (e.g., conditional use approval).

E.    Repair and Maintenance. Repair and maintenance activities are allowed pursuant to Section 17.100.010(D). (Ord. 24-01 § 1)

17.100.040 Nonconforming signs.

A.    General. A nonconforming sign that was legally established according to the zoning ordinance in effect at the time the sign was built shall be subject to the standards herein.

B.    Continuation. A nonconforming sign may remain on the lot.

C.    Expansions, Enlargements, and Other Modifications. A nonconforming sign may be expanded, enlarged, modified, or moved only in a way to conform to the standards of this title and the Valdez building code (e.g., area limitations, setbacks, and structural integrity standards). Requests to expand, enlarge or modify a sign that would increase its nonconformity shall be reviewed as a variance or administrative adjustment pursuant to Section 17.12.100.

D.    Sign Face/Text. The face/text of a nonconforming sign may be modified to reflect a new business, tenant, or destination on the lot/tract in which it is located so long as the original area is not increased. Face/text modifications shall comply with applicable Valdez building code standards. (Ord. 24-01 § 1)

17.100.050 Nonconforming lots of record.

A.    General. A nonconforming lot/tract that was legally established prior to the effective date of Titles 16 and 17 shall be subject to the standards herein.

B.    Use and Continuation. A nonconforming lot may be used and built upon pursuant to the following:

1.    Zoning, Site Specific, and Site Development Standards. Buildings, structures, and uses shall comply with the applicable zoning dimensional standards, site specific standards, and site development requirements pursuant to this title. These may include, but are not limited to, building setback requirements, structure height limitations, and buffering standards.

2.    Building Code. Buildings, structures, and site improvements shall comply with applicable Valdez building code requirements.

3.    Legal Access. Building permits for construction on nonconforming lot may only be granted where the applicant demonstrates there is legal access to the property for both the intended property occupants and emergency responders. This may include direct street frontage, access easements, or other legal instruments.

4.    Contiguous Property of Same Ownership. If two or more existing lots of record with continuous frontage are contained in a single ownership, the lands involved will be considered to be an undivided parcel and no portion shall be used or sold which does not meet the area and width requirements. Any such series or combination of land ownership shall be required to replat the property in order to conform to the existing requirements.

C.    Platting Activities. Any subdivision activity involving a nonconforming lot shall only be allowed where the resulting lots/parcels/tracts meet the size and dimensional standards of the current zoning district and associated standards listed in Title 16. (Ord. 24-01 § 1)