CHAPTER 12.132
NONCONFORMING USES
SECTION:
12.132.020: Continuation Of Existing Uses
12.132.040: Repairs, Alterations And Maintenance
12.132.070: Restoration Of Damaged Structures
12.132.080: Expansion Of Nonconforming Uses And Buildings
12.132.010 INTENT:
Where buildings or uses legally existing on the effective date of this title are not in conformity with the provisions of this title, it is the intent and purpose of this chapter to declare such buildings and uses to be nonconforming and inconsistent with the orderly development of the city and to not encourage such nonconforming uses and buildings to continue to exist. (Ord. 2000-03, 8-7-2000)
12.132.020 CONTINUATION OF EXISTING USES:
Any use, building or structure existing on the effective date of this title which does not conform with the provisions of this title for the zone in which it is located shall be deemed to be a nonconforming use, building or structure and may be continued except as hereinafter specified; provided however, that this section does not apply to any use, building or structure established in violation of the zoning ordinance previously in effect. (Ord. 2000-03, 8-7-2000)
12.132.030 CONDITIONAL USES:
Any use legally existing on the effective date of this title which was a permitted use in the zoning district in which it is located and which is now classified as a conditional use shall be considered a nonconforming use until a conditional use permit is obtained pursuant to chapter 12.28 of this title. (Ord. 2000-03, 8-7-2000)
12.132.040 REPAIRS, ALTERATIONS AND MAINTENANCE:
A. Ordinary nonstructural repairs, alterations, or maintenance may be made to a nonconforming building or structure as required to keep it in sound condition. Alterations or repairs of a structural nature to a nonconforming building or structure shall not be permitted except such as are required by law or ordinance or authorized by the planning commission upon obtaining a conditional use permit pursuant to chapter 12.28 of this title; provided however, that structural alterations or repairs may be made to a nonconforming residential building or structure which is used for residential uses in a zone in which residential uses are allowed.
B. Nothing in this chapter shall prevent the making of structural repairs or alterations or otherwise strengthening or restoring to a safe condition any part of any building or structure which is unsafe or which is substandard under any of the uniform building codes specified in title 11 (building and construction) of this code. (Ord. 2000-03, 8-7-2000)
12.132.050 CHANGE OF USE:
A. A nonconforming use which is determined by the planning commission to be of the same or a more desirable nature may be substituted for another nonconforming use; provided, that in each case a conditional use permit is first secured in accordance with the provisions of chapter 12.28 of this title.
B. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. (Ord. 2000-03, 8-7-2000)
12.132.060 CESSATION OF USE:
A. Buildings: Where the nonconforming use of a building or structure has ceased for six (6) continuous months or more, such building or structure shall not again be put to a nonconforming use.
B. Land: When a nonconforming use of land not involving any building or structures, except minor structures such as fences, signs and buildings less than four hundred (400) square feet in area, has ceased for six (6) continuous months or more, such land shall not again be put to a nonconforming use. (Ord. 2000-03, 8-7-2000)
12.132.070 RESTORATION OF DAMAGED STRUCTURES:
Any nonconforming building damaged more than seventy five percent (75%) of the value of the building above its foundation by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God shall be restored or reconstructed and used, subject to and in conformance with all the regulations specified by this title, including, but not limited to, the regulations of the zoning district in which the building is located. If less than seventy five percent (75%) damaged, it may be restored, reconstructed or used as before; provided, that such reconstruction shall be started within six (6) months of such happening and prosecuted to completion within one year of such happening.
An exception to these provisions shall apply to legal nonconforming residences located within the public facilities (PF) zoning district. Such buildings may be reconstructed even if damaged or destroyed up to one hundred percent (100%) of their value subject to the limitations above. (Ord. 2006-43, 5-1-2006)
12.132.080 EXPANSION OF NONCONFORMING USES AND BUILDINGS:
A. Nonconforming Use: A nonconforming use may only be expanded by securing a conditional use permit pursuant to chapter 12.28 of this title.
B. Nonconforming Buildings Or Structures: The owner of a nonconforming building or structure has no right to expand a nonconforming building or structure.
1. Application: A building permit may be issued for a building or structure which alters a nonconforming building or structure only after review by the planning director. An application (on a form approved by the planning director) for an alteration to a nonconforming building or structure shall be submitted to the planning department. The application shall include all information therein requested including, but not limited to, elevations, floor plan and a site plan showing the proposed location for the addition, the location of all relevant improvements existing on the site, and the location of adjacent public or private streets, roads, alleys, rights of way and the like.
2. Review Of Application: The planning director shall review and approve, conditionally approve or disapprove all applications for a building permit, or refer an application to the planning commission for consideration. The planning director shall review each application for compliance with the provisions of this title to ensure that the additional area to be added to a nonconforming structure is in compliance with all established zoning requirements. If a structure is nonconforming due to insufficient on site parking, the planning director will evaluate the potential for the addition to increase the parking demand for the structure or building and may refer the permit to the planning commission for action. The planning director may attach such conditions to approval of an application as the director deems appropriate, in the exercise of reasonable discretion, to secure compliance with the purpose and intent of the provisions of this section.
C. Approval, Conditional Approval Or Disapproval Of Application: The approval, conditional approval or disapproval of an application for a permit shall be set forth in writing by the planning director and shall specify in the case of approval that the application is in compliance with the provisions of this section and the conditions attached to the approval, if any, and shall specify the reasons for disapproval in the event the application is disapproved. A copy of the written decision shall forthwith be given to the applicant. The decision made by the planning director may be appealed to the planning commission. (Ord. 2000-03, 8-7-2000)