Chapter 17.70
NONCONFORMITY USES
Sections:
17.70.010 Regulation generally.
17.70.020 Existing nonconformities.
17.70.030 Continuation.
17.70.040 Nonconforming building—Alteration—Generally.
17.70.050 Nonconforming building—Alteration—Permit required.
17.70.060 Nonconforming building—Destruction and restoration.
17.70.070 Nonconformance designation until use permit issuance.
17.70.080 Nonconforming building—Time for conformance—Generally.
17.70.090 Nonconforming building—Time for conformance—Designations.
17.70.100 Nonconforming building—Maintenance and repairs.
17.70.110 Nonconforming building—Under the three thousand dollars’ valuation.
17.70.120 Nonconformity due to redistricting.
17.70.130 Nonconforming fences, walls and hedges.
17.70.010 Regulation generally.
Except as otherwise provided in this title, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued, although the particular use or the building or structure does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of the ordinance codified herein. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming building may be changed to another use of the same or more restrictive classification or a more restrictive nonconforming use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law, for the period of six months, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and all future uses shall comply with the regulations of the particular district in which the land or building is located. (Ord. 657 § 4 (Exh. O), 2023)
17.70.020 Existing nonconformities.
The regulations prescribed in Chapters 17.12 through 17.34 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this title or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure unless otherwise specified in this title. (Ord. 657 § 4 (Exh. O), 2023)
17.70.030 Continuation.
If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of five years from the date of the adoption of the ordinance codified in this title. After the expiration of the aforementioned five-year period, such lands shall be used only in conformance with the regulations of the district in which they are located. (Ord. 657 § 4 (Exh. O), 2023)
17.70.040 Nonconforming building—Alteration—Generally.
Any building or structure existing at the date of the adoption of the ordinance codified in this title which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced do not exceed twenty-five percent of the building’s market value (as established by a qualified appraiser selected by the city), with the exception that residential dwellings, not including accessory structures, constructed prior to 1972 with all required permits, and other improvements to the dwelling that received all required permits, shall be allowed to be reconstructed to their original or approved condition with respect to building setbacks, building orientation, height and architectural design if the cause of reconstruction is due to fire, explosion, flood, earthquake, tsunami, seiche or other natural disasters. (Ord. 657 § 4 (Exh. O), 2023)
17.70.050 Nonconforming building—Alteration—Permit required.
Before any nonconforming structure may be replaced, substantially altered or repaired, rebuilt, in any district, a permit shall be secured from the planning commission or the community development director as appropriate, authorizing such replacement, change or repair. (Ord. 657 § 4 (Exh. O), 2023)
17.70.060 Nonconforming building—Destruction and restoration.
A nonconforming building destroyed to the extent of more than fifty percent of its market value (as established by a qualified appraiser selected by the city) at the time of its destruction by fire, explosion or other casualty or act of nature may be restored and used only in compliance with the regulations existing in the district wherein it is located with the exception that residential dwellings, not including accessory structures, constructed prior to 1972 with all required permits, and other improvements to the dwelling that received all required permits, shall be allowed to be reconstructed to their original or approved condition with respect to building setbacks, building orientation, height and architectural design if the cause of reconstruction is due to fire, explosion, flood, earthquake, tsunami, seiche or other natural disasters. (Ord. 657 § 4 (Exh. O), 2023)
17.70.070 Nonconformance designation until use permit issuance.
Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 17.72. (Ord. 657 § 4 (Exh. O), 2023)
17.70.080 Nonconforming building—Time for conformance—Generally.
In all districts, every nonconforming building which was designed or intended for a use excluded from said districts shall be completely removed, or shall be altered and converted to a conforming building, when it reaches the age specified in Section 17.70.090; provided, however, that no such removal, alteration or conversion shall be required prior to fifteen years from the date of adoption. (Ord. 657 § 4 (Exh. O), 2023)
17.70.090 Nonconforming building—Time for conformance—Designations.
The type of building shall be as defined in the building code of the city, as adopted and amended. The age of a building or structure shall be computed from the date the building or structure was erected.
|
Type of Building |
Age of Building |
|---|---|
|
I or II |
30 years |
|
III or IV |
20 years |
|
V |
15 years |
If any building becomes subject to the provisions of this chapter by virtue of any amendment to this title, no removal, alteration or conversion of such building shall be required within five years of the effective date of the amendment. (Ord. 657 § 4 (Exh. O), 2023)
17.70.100 Nonconforming building—Maintenance and repairs.
Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made; and provided, that such work does not exceed fifteen percent of the fair market value in any one-year period. Other repairs or alterations may be permitted; provided, that a use permit shall first be secured in each case. (Ord. 657 § 4 (Exh. O), 2023)
17.70.110 Nonconforming building—Under the three thousand dollars’ valuation.
Any structure which does not conform to the regulations of the district in which it is located, and which had an assessed valuation of three thousand dollars or less at the time it became nonconforming, shall be removed, or altered or reconstructed to be structurally conforming, within five years from the time the structure became nonconforming. The building official shall cause notice to be given to the owners of any such structure at least one year prior to the time removal or alteration is required to be completed until such one-year period has lapsed. This provision shall apply to nonconforming uses constructed with or without a legal permit. (Ord. 657 § 4 (Exh. O), 2023)
17.70.120 Nonconformity due to redistricting.
The foregoing provisions of this chapter shall apply to structures, land and uses which hereafter become nonconforming due to redistricting of any lands under the provisions of this title. (Ord. 657 § 4 (Exh. O), 2023)
17.70.130 Nonconforming fences, walls and hedges.
Other sections of this chapter notwithstanding, the following regulations shall apply to fences, walls and hedges:
A. Existing fences and walls which were legally constructed or installed pursuant to the regulations in effect at the time of construction but do not meet the criteria established in Chapter 17.52 shall be considered legal nonconforming and shall be allowed to remain until such time as twenty-five percent of the area of the subject fence or wall is replaced or remodeled, except that fences and walls which are in violation of Section 17.52.030 and thereby interfere with sight-distance at intersections shall conform to the most current regulations. At such time as any legal nonconforming fence or wall is replaced or remodeled, it shall conform to the criteria established in Chapter 17.52 and shall be subject to the architectural review process as described therein.
B. Fences or walls which do not conform to current regulations shall be presumed to have been legally constructed and therefore be considered legal nonconforming unless it can be demonstrated by the city that the fence or wall did not conform to the regulations in effect at the time of construction.
C. Except in instances where hedges create public safety issues by blocking streetlight poles, fire hydrants, water meters, utility boxes, street signs, stop signs, traffic control signs or sidewalks, existing hedges which do not conform to the height requirements established in this chapter shall be pruned in accordance with requirements established in Chapter 17.52 by January 1, 2016, unless registered with the city or granted an exception pursuant to Section 17.52.070. (Ord. 657 § 4 (Exh. O), 2023)