Chapter 15.86
NONCONFORMING USES, LOTS AND STRUCTURES
Sections:
15.86.020 Nonconforming uses and structures.
15.86.040 Nonconforming parking and signs.
15.86.050 Plans previously approved.
15.86.060 Illegal uses and structures.
15.86.010 Purpose.
The purpose of this chapter is to promote the public health, safety, and general welfare by regulating land uses, lots, and structures which were lawfully established but which do not conform to the provisions of this zoning code. This chapter is further intended to limit the expansion of nonconforming uses and structures, to establish the criteria under which such uses and structures may be continued, and to provide for the correction or removal of such nonconformities in an equitable and reasonable manner. [Ord. 2018-202 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.86.020 Nonconforming uses and structures.
A. Continuation of Nonconformity. A nonconforming use, structure or portion of a structure legally established or constructed prior to the effective date of the ordinance codified in this zoning code may be continued and maintained subject to the limitations of this section.
B. Maintenance, Repair and Alteration. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, reroofing, residing, replastering, and replacement of incidental nonstructural elements. Interior or exterior structural alterations may be made to nonconforming structures provided the alterations do not increase the degree or extent of the structure’s nonconformity nor create any new nonconformities. Nothing in this section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the city charged with protecting the public safety upon order of such officer.
C. Discontinued Nonconforming Uses. If a nonconforming use is discontinued for a period of one year, it shall not be reestablished and any new use of the premises shall conform to the applicable regulations of this code.
D. Intensification of Nonconformities.
1. A nonconforming nonresidential use, structure, or portion of a structure shall not be increased in intensity by increasing or enlarging the area, space, or volume occupied by or devoted to a nonconformity.
2. A nonconforming residential use or structure may be increased in intensity provided the intensification will not create or increase any nonconformity relating to setback, height, or any other development standard.
3. Any portion of a legal nonconforming nonresidential or residential use, structure that is altered or changed to a conforming use or structure may not thereafter be used for a nonconforming use.
4. Any of the following occurrences shall immediately terminate the right to maintain and/or operate a nonconforming use or structure:
a. Changing a nonconforming use to a use not permitted in the zoning district;
b. Increasing or enlarging the area, space, or volume occupied or devoted to a nonconformity; or
c. The addition to a nonconforming use of another use not permitted in the zoning district.
E. Restoration of Nonconforming Use. A nonconforming use occupying land, a building or portion thereof which is otherwise conforming and which is damaged or destroyed by fire, explosion, earthquake or other disaster may be reestablished provided a building permit application for restoration work is submitted within one year of the damage or destruction and construction is commenced and completed under that permit without any lapses of the permit.
F. Restoration of Nonconforming Structure. A nonconforming structure which is damaged or destroyed by fire, explosion, earthquake or other disaster may be reestablished under the following conditions:
1. No Additional Nonconformity. Restoration of the structure will not create or increase any nonconformity relating to setback, height or any other development standard.
2. Residential Structures. A residential structure which is destroyed or damaged to any extent by fire, explosion, earthquake or other disaster may be restored provided such restoration does not create or increase any nonconformity.
3. Nonresidential Structures. A nonresidential structure which is damaged or partially destroyed by fire, explosion, earthquake or other disaster to the extent of 50 percent or more of the replacement cost of the structure, as determined by the director, shall not be restored except in conformity with all development standards and other regulations of this zoning code. In determining the replacement cost of a structure, the director may utilize city building permit records, contractor estimates, assessed valuation, and any other information deemed by the director to be reflective of replacement cost.
4. Time Limitations. No structure may be restored under the preceding provisions unless a building permit application is submitted within one year of the damage or destruction and construction is commenced and completed under that permit without any lapses of the permit.
G. Change of Ownership. Changes in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status; provided, that the use or the intensity of use does not change. [Ord. 2018-202 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.86.030 Nonconforming lots.
Legally established nonconforming lots may be developed and used in accordance with this code provided all code requirements other than those relating to the lot’s conformity are met. [Ord. 2018-202 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.86.040 Nonconforming parking and signs.
Nonconforming parking shall be regulated by AVMC 15.38.170 and nonconforming signs shall be regulated by AVMC 15.34.090. [Ord. 2018-202 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.86.050 Plans previously approved.
Land uses, tentative subdivision lots, tentative parcel map lots, and structures approved prior to the effective date of the ordinance codified in this zoning code which are nonconforming under this code may nevertheless be established, recorded or constructed in accordance with approved plans or maps provided all other applicable laws and regulations are complied with. [Ord. 2018-202 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.86.060 Illegal uses and structures.
Nothing in this chapter shall be construed so as to allow for the continuation of illegal land uses or structures; that is, uses or structures which did not comply with the zoning regulations in effect when they were established. Such illegal uses or structures shall be subject to the enforcement provisions of the municipal code and shall be removed. [Ord. 2018-202 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].