Chapter 17.70
NONCONFORMING LOTS, BUILDINGS AND USES
Sections:
17.70.020 Group A nonconforming lots, buildings and uses – Generally.
17.70.030 Group A nonconforming lots.
17.70.040 Group A nonconforming buildings.
17.70.050 Group A nonconforming uses.
17.70.060 Group B nonconforming buildings and uses – Generally.
17.70.070 Group B nonconforming buildings.
17.70.080 Group B nonconforming uses.
17.70.090 Nonconforming use of land.
17.70.100 Nonconforming signs and billboards.
17.70.110 Nonconforming fences, hedges and walls.
17.70.120 Nonconforming off-street parking and loading facilities.
17.70.130 Reversion of nonconforming use.
17.70.140 Nonconforming building – Reconstruction.
17.70.150 Temporary nonconforming residential buildings – Elimination.
17.70.160 Nonconforming lots, buildings and uses under variance or conditional use permit.
17.70.170 Public utility distribution stations.
17.70.010 Declaration.
Where lots, buildings or uses are legally existing on the effective date of any ordinance which makes them nonconforming with the provisions of this title, it is the intent and purpose of this chapter to declare such lots, buildings and uses to be nonconforming, for the purpose of protecting the public health, safety and general welfare. (Ord. 1297 § 1, 1975; 1964 Code Appx. A § 10.50.)
17.70.020 Group A nonconforming lots, buildings and uses – Generally.
Group A nonconforming lots, buildings and uses are those which are generally not detrimental in the zone. They may be continued and under certain conditions altered or enlarged. (1964 Code Appx. A § 10.50.)
17.70.030 Group A nonconforming lots.
Group A nonconforming lots are those lots which do not conform to the lot area and lot dimension standards for the zone in which they are located. The uses permitted in the zone shall be permitted on such lots, subject to all other property development standards of the zone. These provisions apply to unimproved lots. Lots with structures on them are subject to the provisions of CMC 17.70.040. Lots whose use involves no buildings are subject to the provisions of CMC 17.70.090. (1964 Code Appx. A § 10.50.)
17.70.040 Group A nonconforming buildings.
Group A nonconforming buildings are those buildings which do not conform to the building height, yards and distance between building standards for the zone in which they are located. Such buildings shall be permitted to continue; provided, that any addition, alteration or enlargement thereto shall comply with all the property development standards of the zone as they apply to the buildings. When any Group A nonconforming building is for any reason removed from the land, all future buildings or structures erected on such lands shall conform to all property development standards of the zone. (1964 Code Appx. A § 10.50.)
17.70.050 Group A nonconforming uses.
A. In agricultural and residential zones, Group A nonconforming uses of buildings are those uses which do not conform to the population density standards for the zone in which they are located. Buildings containing such uses may be altered; provided, that the population density shall not be increased.
B. In commercial and industrial zones, Group A nonconforming uses of buildings are those uses which are not listed as permitted but which are of the same general type (i.e., commercial uses in a commercial zone) and are determined by the planning commission to be not detrimental to the public health, safety and general welfare as provided for in CMC 17.60.020 through 17.60.040. Such uses may be continued or altered, subject to the property development standards of the zone. (Ord. 92-1737 § 1, 1992; 1964 Code Appx. A § 10.50.)
17.70.060 Group B nonconforming buildings and uses – Generally.
Group B nonconforming buildings and uses are those which are detrimental in the zone. They must be terminated or removed within a specified period. (1964 Code Appx. A § 10.50.)
17.70.070 Group B nonconforming buildings.
A. Group B nonconforming buildings are as follows:
1. In residential and agricultural zones, commercial and industrial buildings shall be considered as Group B nonconforming;
2. In commercial and industrial zones, residential buildings not specifically permitted in the zone shall be considered as Group B nonconforming.
B. The following time limits shall be applied to all Group B nonconforming buildings, the period to begin on the effective date of any ordinance which makes them nonconforming. This timetable is deemed to provide for the amortization of the affected buildings. On or before the termination of the period, such buildings shall be removed from the land unless the date of removal is prolonged by the planning commission pursuant to CMC 17.70.180 and the proceedings contained therein:
1. Types 1 and 2 construction, as such types are defined by the building code of the city, 20 years;
2. Types 3 and 4 construction, as such types are defined by the building code of the city, 15 years;
3. Type 5 construction, as such type is defined by the building code of the city, 10 years.
C. When the nonconforming building is removed from the land at or before the end of the amortization period, every future building and use shall be in conformity with the provisions of this title. (Ord. 1297 § 2, 1975; 1964 Code Appx. A § 10.50.)
17.70.080 Group B nonconforming uses.
A. Group B nonconforming uses shall be those uses in any zone which are expressly prohibited and those other uses which may not be classified as Group A nonconforming uses.
B. A Group B nonconforming use of a conforming building or of a Group A nonconforming building shall, within five years from the effective date of any ordinance which makes it nonconforming, be completely terminated or shall be so altered that it will be in conformity with the uses permitted in the zone. The termination of such uses may be prolonged by the planning commission pursuant to CMC 17.70.180 and the proceedings contained therein. Such nonconforming use shall not be expanded or extended into any other portion of the building, and if such use is discontinued for a period of 180 days, any future use of the building shall be in conformity with the uses permitted in the zone.
C. Group B nonconforming uses in a Group B nonconforming building may continue for the duration of the building and may be expanded or extended throughout the building; provided, that no structural alterations except those required by law or ordinance shall be made therein; further, if no structural alterations are made, a nonconforming use in such a building may be changed to permit a similar or more restricted type of nonconforming use; provided, that the new use is approved by the planning commission. (Ord. 1297 § 3, 1975; 1964 Code Appx. A § 10.50.)
17.70.090 Nonconforming use of land.
A nonconforming use of land, where no buildings or structures are involved, shall, when deemed by the council to be detrimental to health, safety and welfare, within five years after the effective date of any ordinance which makes it nonconforming, be completely terminated or so altered that it will be in conformity with the uses permitted in the zone. The termination of such use may be prolonged by the planning commission pursuant to CMC 17.70.180 and the proceedings contained therein. Such nonconforming use of land shall not be expanded in any way either on the same or adjoining property, and if such nonconforming use of land is discontinued for a period of 180 days, any further use of the land shall be in conformity with this title. (Ord. 1297 § 4, 1975; 1964 Code Appx. A § 10.50.)
17.70.100 Nonconforming signs and billboards.
A. Identification signs which do not conform to this title, but which lawfully existed and were maintained on the effective date of any ordinance which made them nonconforming, shall, within five years after the effective date of such ordinance, be removed or made to conform.
B. Billboards which do not conform to this title but which lawfully existed and were maintained on the effective date of any ordinance which made them nonconforming shall, within three years after the effective date of such ordinance, be removed or made to conform.
C. During the interim period, the nonconforming signs and billboards shall be kept in good repair and visual appearance and no structural alteration shall be made thereto. (Ord. 1297 § 5, 1975; 1964 Code Appx. A § 10.50.)
17.70.110 Nonconforming fences, hedges and walls.
Fences, hedges and walls which do not conform to the corner cutback provisions of this title shall, within three years after the effective date of any ordinance which made them nonconforming, be removed or made to conform. (Ord. 1297 § 6, 1975; 1964 Code Appx. A § 10.50.)
17.70.120 Nonconforming off-street parking and loading facilities.
Where off-street parking or loading facilities do not conform to the provisions of this title, or where no such facilities have been provided for buildings constructed prior to the effective date of any ordinance which made them nonconforming or which required such facilities where none were provided, such buildings shall not be expanded nor may additional facilities be provided within the building until after the requirements for off-street parking and loading space have been complied with for those facilities added or enlarged. Property located in a duly formed municipal parking zone shall conform to CMC 17.72.110. (Ord. 1297 § 7, 1975; 1964 Code Appx. A § 10.50.)
17.70.130 Reversion of nonconforming use.
Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use. (1964 Code Appx. A § 10.50.)
17.70.140 Nonconforming building – Reconstruction.
The provisions of this title shall not prevent the reconstruction, repair or rebuilding of any nonconforming building damaged by fire, explosion, or act of God or the enemy, subsequent to the effective date of any ordinance which made such building nonconforming; provided, that the cost of such reconstruction, repairing or rebuilding shall not exceed 50 percent of the reasonable replacement value of the building immediately prior to the damage, as determined by a qualified appraiser. (Ord. 1297 § 8, 1975; 1964 Code Appx. A § 10.50.)
17.70.150 Temporary nonconforming residential buildings – Elimination.
Where a building temporarily being used for dwelling purposes exists on a lot in any residential or agricultural zone, a dwelling or dwellings as permitted in the zone in which the lot is located may be erected on the lot; provided, that within 30 days after the granting of an occupancy permit by the city for the use of the dwelling, the temporary dwelling shall be made to conform with the provisions of the zone or shall be removed. (1964 Code Appx. A § 10.50.)
17.70.160 Nonconforming lots, buildings and uses under variance or conditional use permit.
Those nonconforming lots, uses and buildings which are existing under a variance or a conditional use permit granted under this title or any previous zoning ordinance shall be permitted to continue under the conditions and regulations imposed in the permit or variance, except as herein provided. (1964 Code Appx. A § 10.50.)
17.70.170 Public utility distribution stations.
Nothing in this title pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, discontinuance or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding of public utility distribution stations, buildings, structures, uses, equipment and facilities; provided, that there is no change of use or increase of its areas so used. (1964 Code Appx. A § 10.50.)
17.70.180 Nonconforming uses and structures – Review of amortization schedule or substitution of use.
A. Request for Review. An application may be filed with the commission:
1. Requesting extension of the time within which a nonconforming use or structure must be discontinued and removed from its site as specified in CMC 17.70.070, 17.70.080 and 17.70.090; or
2. Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a nonconforming building is vacant despite efforts to ensure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located. The commission may accept such filing either before or after the date of expiration of such nonconforming use.
B. Application and Procedure. Except as specifically provided in this section, the application and all procedures relative to notification, public hearing and appeals shall be the same as for a conditional use permit.
C. Burden of Proof. In addition to the information required in the application, the applicant shall substantiate, to the satisfaction of the commission, the following facts:
1. That the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and
2. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
D. Findings and Decision. After a public hearing, the commission shall consider applications for a nonconforming use and structure review. In making such determination, the commission shall consider the following principles and standards and may approve such permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
1. That the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and
2. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
E. Conditions. The commission in approving an application for a nonconforming use and structure review may impose conditions it deems necessary to ensure that the approval will be in accord with the findings required. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use requested, including, but not limited to, those specified in CMC 17.62.120(D). (Ord. 1297 § 9, 1975.)