Chapter 17.84
NONCONFORMING USES, BUILDINGS, AND STRUCTURES
Sections:
17.84.020 Legal Nonconforming Uses
17.84.030 Legal Nonconforming Structures
17.84.040 Legal Nonconforming Lots
17.84.050 Legal Nonconforming Signs
17.84.060 Other Legal Nonconforming Situations
17.84.070 Terminology Of Legal Nonconforming situations
17.84.080 Exceptions For Certain Legal Nonconforming Uses
17.84.010 Purpose And Intent:
A. General: It is the general policy of the city to allow uses, structures or lots that came into existence legally and in conformance with then applicable requirements but that do not conform to all of the applicable requirements of this title to continue to exist and be put to productive use; however, it is also the policy of the city to bring as many aspects of such situations into conformance with this title as is reasonably practicable. This chapter is intended to recognize the interests of the property owner in continuing to use the property but also to preclude the excessive expansion of nonconforming situations and to preclude the reestablishment of an abandoned use or lot or of a nonconforming building or structure that has been substantially destroyed.
B. Applicability: This chapter shall apply to circumstances that became nonconforming by initial adoption of this title or amendment to this title. It shall also apply to nonconforming situations that were legal nonconforming uses or other situations under a similar provision of previously applicable sections or resolution and that remain nonconforming with one or more provisions of this title.
C. Continuation Permitted: Any nonconforming use, building, structure, sign or other nonconforming situation which existed lawfully on the date of adoption of this title or which becomes nonconforming upon the adoption of any amendment to this title, may be continued in accordance with the provisions of this chapter. Where there is a conflict between two (2) or more provisions of this code or city adopted ordinances or previously approved permits, the more restrictive requirement shall apply.
D. Determination Of Nonconforming Status: The burden of establishing that any nonconforming situation is a "legal nonconforming situation" as defined by this title shall, in all cases, be upon the owner of such nonconformity, and not upon the city or any other person.
E. Effect Of Public Acquisition: If a tract of land which conforms to this title is rendered nonconforming, or if a legal nonconforming lot is made more nonconforming by the acquisition of a portion of said tract or lot for public purposes by any public agency, said tract shall have the status of a legal nonconforming lot. (Ord. 473 §3, 2007)
17.84.020 Legal Nonconforming Uses:
A. Generally: The lawful use of any building or land existing at the time of the enactment of this title may be continued, although such use does not conform with the provisions of this title, except as provided in this section.
B. Nonconforming Livestock Uses:
1. The keeping and maintaining of livestock (including horses, cattle, swine, sheep and goats) may be permitted only on a lot on which, as of the effective date hereof, uses not allowed in the subject zoning district are being conducted pursuant to a legal nonconforming use, in accordance with this section.
2. Livestock shall only be kept in association with a legal nonconforming use that is residential or agricultural in nature.
3. The subject parcel on which such legal nonconforming livestock uses are allowed shall not contain less than twenty thousand (20,000) square feet of gross area and shall include not less than five thousand (5,000) contiguous square feet of unimproved land.
4. All parcels on which swine are being kept shall contain not less than ten thousand (10,000) contiguous square feet of unimproved land.
5. All animal units as described in subsection C3 of this section shall be kept a minimum of fifty feet (50') from all abutting residential property lines.
C. Expansion Or Enlargement Of Use:
1. Expansion or enlargement of a permitted use in the applicable district shall not require that nonconforming uses on the subject parcel be brought into conformance with the regulations of that zoning district.
2. A legal nonconforming use may be expanded by up to twenty five percent (25%) (measured in gross square footage occupied) through approval of a use permit (chapter 17.16 of this title) and provided that all off site improvements, as identified by the city, be constructed by the applicant, in accordance with all city standards and requirements. A legal nonconforming use shall not otherwise be expanded or enlarged unless required by law or by ordinance.
3. Expansion or enlargement of nonconforming livestock uses shall be permitted without a use permit up to a maximum of ten (10) animal units per each acre, defined as follows:
|
Animal |
Shall Equal |
|---|---|
|
1 equine (horse) |
1 animal unit |
|
1 bovine (cow) |
|
|
1 swine (pig) |
|
|
2 sheep |
|
|
2 goats |
|
|
2 miniature horses |
|
|
10 chickens |
4. Any request for expansion or enlargement of nonconforming livestock uses that will result in an increase in the gross square footage occupied by the use (calculated at a maximum of 10 animal units per acre) shall require the issuance of a use permit, in accordance with chapter 17.16 of this title.
a. The attachment of signs to the building, the placement of signs or display materials on land outside of a building, or the attachment of racks, balconies or other projections from the building shall be considered as an extension of the use of a building.
b. No legal nonconforming use shall be extended to displace a conforming use.
D. Alterations: A building used for a legal nonconforming use may not be reconstructed or structurally altered during its life to an extent exceeding fifty percent (50%) of its replacement cost unless the building is changed to a conforming use; provided, however, that application may be made to the planning commission for a use permit to reestablish the nonconforming identity pursuant to this chapter, based on the general requirement that the subject request for reconstruction or structural alteration renders a genuine service to the area and is in the best interest of the public health, safety and general welfare.
E. Restoration:
1. A building used for a legal nonconforming use damaged by fire or other natural causes to the extent of more than fifty percent (50%) of its replacement cost shall only be repaired or rebuilt in conformity with the regulations of title 15, "Buildings And Construction", of this code; provided, however, that application may be made to the planning commission for a use permit to repair or rebuild a nonconforming use in conformance with all of the other respective district regulations, based on the general requirement that the subject request renders a genuine service to the area and is in the best interest of the public health, safety and general welfare.
2. If a legal nonconforming building or portion thereof may be restored under the provisions of this section, such restoration must commence within six (6) months of the damage by fire or other natural causes, and must be completed according to such plans as filed within an additional six (6) months.
F. Changes In Use: No legal nonconforming use may be changed to another nonconforming use. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
G. District Changes: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district, the provisions of this section shall also apply to any nonconforming uses existing therein. (Ord. 473 §3, 2007)
17.84.030 Legal Nonconforming Structures:
A. Use Permitted: A legal nonconforming structure may be used for any permitted use in the applicable district or for any legally nonconforming use in the district in which the structure is located.
B. Expansion Or Enlargement Of Structure: A legal nonconforming structure may be expanded or enlarged by up to twenty five percent (25%) (measured in gross building square footage) through approval of a use permit (chapter 17.16 of this title) and provided that all off site improvements, as identified by the city, be constructed by the applicant, in accordance with all city standards and requirements. A legal nonconforming structure shall not otherwise be extended or enlarged, unless required by law or by ordinance. Garages legally built prior to the implementation of this code and not meeting size or setback standards are not considered nonconforming.
C. Moving Prohibited: A legal nonconforming structure shall not be moved, in whole or in part, to any other parcel unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved.
D. Maintenance, Repairs And Remodeling: Maintenance and repairs of a legal nonconforming structure shall not exceed fifty percent (50%) of the replacement cost. Remodeling of the structure within the existing building footprint is permitted without a variance, provided that the remodeling does not increase the degree of nonconformity and that applicable building and life safety codes are met.
E. Repair Of Unsafe Structures: Any legal nonconforming structure or portion thereof declared unsafe by the building official may be restored to a safe condition not to exceed fifty percent (50%) of the replacement cost.
F. Restoration: A legal nonconforming structure damaged by fire or other natural causes to the extent of more than fifty percent (50%) of its replacement cost shall not be repaired or rebuilt except in conformity with the regulations of title 15, "Buildings And Construction", of this code, and those of the district in which it is located, or be removed completely within thirty (30) days of the occurrence of the damage or destruction. (Ord. 473 §3, 2007)
17.84.040 Legal Nonconforming Lots:
A. Use Permitted: A legal nonconforming lot may be used for any permitted use in the applicable district or for any legally nonconforming use in the district in which the lot is located.
B. Merger: Where two (2) or more lots that are legally nonconforming as to area are under common ownership on the effective date of this section, such lots shall be deemed merged for purposes of this section to the extent necessary to create one or more lots that conform to the area requirements of the applicable district.
C. Replatting: Legal nonconforming lots that have access only to a platted, but unconstructed, street shall not be protected by this section. Owners of such lots shall replat such lots in conformity with the subdivision regulations of title 16 of this code and the applicable zoning regulations of this title before seeking a building permit or otherwise seeking to use one or more of such lots.
D. Choice Of Uses: Where a legal nonconforming lot or parcel is conforming for some uses in the applicable district but not for others, such lot shall be used for one of the uses for which it conforms to the requirements of the applicable district. If a lot fails to conform to the applicable requirements of the district, then protection of its legal nonconforming status under this section shall extend only to those permitted uses in that district requiring the smallest minimum lot size, which, in most cases, will be a single-family dwelling. Garages built legally prior to the implementation of this code and not meeting size or setback standards are not considered nonconforming. (Ord. 473 §3, 2007)
17.84.050 Legal Nonconforming Signs:
Legal nonconforming signs may be maintained but may not be enlarged or structurally altered. If a legal nonconforming sign is damaged or destroyed to the extent that the cost of repair is equal to fifty percent (50%) or more of the cost of replacement, the sign shall be rebuilt or repaired in full conformance with the requirements of the applicable sign regulations of chapter 17.62 of this title or be removed completely within ten (10) days of the occurrence of the damage. (Ord. 473 §3, 2007)
17.84.060 Other Legal Nonconforming Situations:
Continuance of other legal nonconforming situations will be tolerated but not encouraged. To the maximum extent practicable within the boundaries of the property controlled by the same owner, other legal nonconforming situations shall be brought into conformance with the requirements of this chapter on the earlier of any date established for such conformance by any requirement of this chapter or upon the application of the owner for any building permit, subdivision approval or other permit or approval required from the city for the continued or additional use or further development of the property on which the legal nonconforming situation is located. (Ord. 473 §3, 2007)
17.84.070 Terminology Of Legal Nonconforming Situations:
A. Termination By Abandonment: Discontinuance of a legal nonconforming use for a period of more than six (6) months shall be deemed to be abandonment of such use, regardless of intent. Such use shall not then be reestablished, and any subsequent use shall conform to the requirements of the district in which it is located.
B. Termination By Damage Or Destruction: In the event that any legal nonconforming structure or use is destroyed by any means to the extent of fifty percent (50%) of the cost of replacement of such structure or use, said structure or use shall be rebuilt, restored, reestablished or reoccupied in conformance with the regulations of title 15, "Buildings And Construction", of this code, and those of the district in which it is located, or be removed completely within thirty (30) days of the occurrence of the damage or destruction.
C. Termination Or Improvement Required By Modification: In acting on any application for any permit or entitlement related to the use or development of land, the building official shall require or ensure that:
1. Any legal nonconforming use be limited to the existing area of the structure or changed to a conforming use;
2. The extent of nonconformity of a legal nonconforming structure not be increased;
3. The applicant complete any necessary lot merger or replatting for a legal nonconforming lot, in accordance with the requirements of the subdivision regulations;
4. Any other legal nonconforming situation, including off street parking, off street loading, landscaping, or other site improvements, be brought into full conformance with the requirements of this chapter to the maximum extent practicable within the property owned or controlled by the owner of the property on which the legal nonconforming situation exists. (Ord. 473 §3, 2007)
17.84.080 Exceptions For Certain Legal Nonconforming Uses:
A. Policy: Certain public, quasi-public, semipublic and institutional uses currently exist as nonconforming uses in the city. Because of the substantial investment in such uses, the public interest in the maintenance of such uses as modern, functional facilities, the lack of vacant land for the relocation of such uses in the developed portions of the city, and the enormous public and private cost involved in relocating such uses, the city council and mayor have determined that it is in the public interest to provide limited exceptions for these facilities from the application of this chapter and, in particular, its provisions for nonconforming uses.
B. Existing Public And Semipublic Facilities: Existing public and governmental uses may continue to be operated and maintained in any residential or commercial district and may be expanded provided such expansion can be accomplished in accordance with the applicable district regulations or when such expansion is so authorized by the planning commission. No new facility may be established except when permitted in the applicable district or when approved as a use permit in accordance with chapter 17.16 of this title.
C. Existing Cemeteries: Cemeteries and their structures and appurtenances accessory thereto existing on the effective date of this chapter, as well as the use thereof, may be maintained, structurally altered, enlarged or extended within the existing boundaries of such cemeteries, subject to approval of a use permit. (Ord. 473 §3, 2007)