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Chapter 8.140
NON-CONFORMING STRUCTURES AND USES

8.140.010 Purpose.

To establish regulations relating to non-conforming structures and uses and to establish conditions under which non-conforming structures and uses may be maintained, restored, replaced, repaired, altered, changed, expanded, or amortized.

Intent. The intent of this Chapter is to prevent the expansion of non-conforming structures and uses and to amortize them over time.

8.140.020 Non-Conforming Structure.

A Non-Conforming Structure is a structure that was legally constructed prior to the effective date of this Ordinance but which does not conform to the current provisions of this Title.

8.140.030 Non-Conforming Structure Regulations.

All non-conforming structures shall conform to the following regulations:

A.    Conformity to this Ordinance, all City Codes, and other regulations and laws. All work performed on a non-conforming structure shall be pursuant to a building permit, meet all the requirements of this Ordinance and all City Codes, and conform to any other health or safety regulations or laws imposed by local, County, State, regional, or Federal agencies in effect at the time of the work and shall not expand any non-conformity.

B.    Maintenance. Ordinary maintenance and minor repair of non-conforming structures is permitted if the aggregate cost of the work done in any period of 12 consecutive months does not exceed 25% of the replacement value of the structure as determined by the building official and provided further that the size of the structure or number of dwelling units is not increased.

C.    Restoration. A non-conforming structure which is damaged to an extent of 50% or less of its replacement cost as determined by the Building Official immediately prior to such damage may be restored only if made to conform to all provisions of this Ordinance. A non-conforming structure which is damaged to an extent of more than 50% of its replacement cost shall not be restored except as otherwise provided below for residential structures.

D.    Replacement of destroyed non-conforming residence. Any residential structure(s), including multifamily structures, in a residential zoning district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and number of dwelling units. The Director of Community Development may require changes to the plans for the residence if necessary to protect the public health, safety and welfare. Reconstruction shall commence within two years after the catastrophe and shall be diligently pursued to completion.

E.    Repairs and alterations to non-conforming residence. Repairs and alterations may be made to non-conforming residences, including multifamily structures, without replacement cost limitations, if located in a residential zoning district and if the requirements of “A” above are met.

F.    Repairs, interior modifications, and alterations to non-conforming non-residential structures. Repairs, interior modifications, and alterations to non-conforming non-residential structures may be made provided that none of the structural alterations shall prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Building Official determines that such modification or repair is immediately necessary to protect the public health, safety and welfare of occupants of the non-conforming structures, or adjacent property, and the cost of all repairs or alterations does not exceed 50% of the replacement cost of the non-conforming structure immediately before such repairs or alterations as determined by the Building Official.

G.    Seismic repairs. Reconstruction required to reinforce unreinforced masonry or otherwise seismically unsafe structures shall be permitted without replacement cost limitations, provided the retrofitting is limited exclusively to comply with earthquake safety standards.

H.    Loss of non-conforming structure status. If the use of a non-conforming structure is discontinued for a period of twelve or more consecutive calendar months, the structure shall lose its non-conforming structure status, and shall be removed or altered to conform to the provisions of this Ordinance. Such removal or alteration to conform to the provisions of this Ordinance shall occur within 12 months of the date that loss of non-conforming structure status is determined or within such other date the City Council decides pursuant to the hearing in Section 8.140.070 below. Failure to remove or alter the structure beyond that period, without written approval of the Director of Community Development due to unusual circumstances, constitutes a violation of this Ordinance pursuant to Chapter 8.144, Enforcement. A use of a non-conforming structure shall be considered abandoned or discontinued whenever any of the following apply:

1.    The use of a non-conforming structure is discontinued for a period of twelve or more consecutive calendar months.

2.    Removal of components of the use. The actual removal of characteristic furnishings, equipment, structures, machinery, or other components of the use occurs during the twelve month period.

3.    No business receipts or records are available for the twelve month period.

4.    Utility bills indicate that no use has occurred during the twelve month period.

8.140.040 Non-Conforming Use.

A Non-Conforming use is a use of a structure or land that was legally established prior to the effective date of this Ordinance but which does not conform to the current provisions of this Title.

8.140.050 Non-Conforming Use Regulations.

All non-conforming uses shall conform to the following regulations:

A.    Change of ownership or tenancy. The change of ownership, tenancy, or management of a non-conforming use shall not affect its non-conforming status, provided that the use, extent, and intensity of use does not change.

B.    Residential uses in a non-residential zoning district. A non-conforming residential use in a non-conforming residential structure in a non-residential zoning district may continue to be used as a residence subject to the requirements of the R-1 zoning district (if a single-family dwelling) or of the R-M zoning district (if a multifamily dwelling) until such time as the building is amortized, condemned, removed, or converted to a conforming use.

C.    Expansion, intensification, or modification of a non-residential use in a residential zoning district. No expansion, intensification, or modification of a non-residential use in a residential zoning district shall be permitted.

D.    Loss of non-conforming use status. If the non-conforming use of a structure is discontinued for a period of twelve or more consecutive calendar months, the use shall lose its non-conforming use status, and all rights to reestablish or continue the non-conforming use shall terminate regardless of any reservation of an intent not to abandon or of an intent to resume active operations. Abandonment or discontinuance of use shall be deemed to have occurred whenever any of the following apply:

1.    The non-conforming use of a structure is discontinued for a period of twelve or more consecutive calendar months.

2.    A non-conforming use is replaced by a conforming use.

3.    Removal of components of the use. The actual removal of characteristic furnishings, equipment, structures, machinery, or other components of the use occurs during the twelve month period.

4.    No business receipts or records are available for the twelve month period.

5.    Utility bills indicate that no use has occurred during the twelve month period.

E.    Replacement of a non-conforming use with another non-conforming use is prohibited.

F.    Expansion or intensification of a non-conforming use is prohibited.

8.140.060 Building Permits or Certificates of Occupancy prohibited.

When any non-conforming structure or use is no longer permitted pursuant to the provisions of this Ordinance (loss of non-conforming structure status, or at end of amortization period as determined by the City Council), no Building Permit or Certificate of Occupancy shall thereafter be issued for further continuance, alteration, or expansion of the use or structure. Any Building Permit or Certificate of Occupancy issued in error shall not be construed as allowing the continuation of the non-conforming structure or use.

8.140.070 Amortization.

When the Director of Community Development determines that a structure or use is non-conforming, a public hearing shall be held by the City Council pursuant to Chapter 8.132, Notice and Hearings. At that hearing the City Council shall hear a report by the Director of Community Development on the issue and shall determine if the structure or use should be amortized and over what period. The non-conforming structure or use shall be discontinued within the amortization period determined by the City Council.

8.140.080 Illegal Structures and Uses.

Nothing contained in this Ordinance shall be construed or implied so as to allow for the continuation of illegal non-conforming structures and uses. Structures and Uses which are not legally constructed or established shall be removed and/or discontinued immediately, pursuant to Chapter 8.144, Enforcement.

8.140.090 Exemption.

All commercial uses that are not illegal uses that are established in commercial zoning districts at the time this Ordinance becomes effective are hereby determined to be non-conforming land uses.