Chapter 18.94
NONCONFORMING USES AND STRUCTURES
Sections:
18.94.030 Continuation of existing nonconforming uses of structures.
18.94.040 Illegal use or structure.
18.94.050 Building permit issued prior to adoption of regulations.
18.94.070 Changes in nonconforming use of structures.
18.94.080 Discontinuance of nonconforming uses.
18.94.090 Replacement of damaged or destroyed nonconforming structures.
18.94.100 Repairs to nonconforming structures.
18.94.110 Building site area—Land under one ownership.
18.94.010 Purpose.
The continuance of a nonconforming use or nonconforming structure within the city is detrimental to the orderly development of the city and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of any such nonconformity. It is the intent of this chapter that nonconforming uses and structures shall be eliminated as provided therein. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.020 Applicability.
This chapter establishes special regulations for nonconforming land uses and structures that were lawful before the adoption or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.030 Continuation of existing nonconforming uses of structures.
Nonconforming uses and nonconforming structures, as defined in this chapter, may be continued only in accordance with the provisions of this section, which permit the continuation of a nonconforming use or structure, and shall not apply to a use or a structure which is, or which becomes, a public nuisance. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.040 Illegal use or structure.
Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of such establishment or construction and which is not in conformity with the applicable zoning regulations of this section is an illegal use or structure, as defined in this section, and such use or structure is and shall remain in violation of this section. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.050 Building permit issued prior to adoption of regulations.
A structure, or part thereof, which does not conform to the current regulations for the zoning district in which it is situated, but for which a building permit was issued and construction started prior to the adoption of such regulations, may be completed, provided the work was and is prosecuted continuously and without delay. Upon completion, such structure shall be deemed to be a nonconforming structure and shall thereafter be subject to the regulations set forth in this section. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.060 Annexations.
Except as otherwise expressly provided in this code, structures or uses, or both, which are lawfully existing at the time the property on which they are situated is annexed to the city, and which do not conform to the regulations of the zoning district in which they are placed following annexation, shall be deemed nonconforming structures or nonconforming uses, or both, as these terms are defined in this section, and shall upon such annexation be subject to the provisions of this section and code. The provisions of this section do not allow and shall not be interpreted to allow the continuation of a use or structure which is a public nuisance or which is prohibited or otherwise made unlawful, in whole or in part, by other chapters of this code or by laws enacted by the state or federal government which are applicable to the city. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.070 Changes in nonconforming use of structures.
If allowed by conditional use permit, the nonconforming use of a structure may be changed to another nonconforming use of a similar or of a more restricted class or nature, provided the proposed new nonconforming use will not increase the degree or intensity of the nonconformity. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.080 Discontinuance of nonconforming uses.
A nonconforming use shall be permanently discontinued and abated or brought into conformity with the regulations of the zoning district in which it is situated as follows:
A. Cessation of Use. As used in this section, a nonconforming use shall be deemed to have ceased when it has been discontinued, either temporarily or permanently, whether or not the discontinuance was with the intent to abandon such use.
B. A nonconforming use of a structure shall not be resumed when the nonconforming use has ceased for six consecutive months or more,
C. A nonconforming use of land which does not involve any structure, except accessory structures, shall not be resumed after such use has ceased. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.090 Replacement of damaged or destroyed nonconforming structures.
Any nonconforming structure damaged to fifty percent or more of its current market value by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed except in conformity with the applicable requirements of the zoning district in which it is situated. If such structure is less than fifty percent damaged, it may be restored, reconstructed, and used as before, provided such restoration is initiated within six months, and is substantially completed within twelve months, after the date such damage occurred.
As used in this section, current market value shall mean the market value of the structure immediately prior to the occurrence of the damage. For purposes of administering the provisions of this section, the city’s building official shall make the determination of the current market value of a damaged structure, which determination shall be final. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.100 Repairs to nonconforming structures.
Repairs and maintenance work as may be required to keep a nonconforming structure in sound condition may be made, provided no structural repairs or alterations or additions shall be made except such as are required by law. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.110 Building site area—Land under one ownership.
Any lot or parcel of land under one ownership and of record on April 28, 1955, and where no adjoining land is owned by the same person may be used as a building site even when of less area or width than that required by the regulations for the zoning district in which it is located. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.94.120 Building site area.
Any lot or combination of lots of record on April 28, 1955, having not less than fifty-foot frontage on a street may be used as a building site even when of less area or width than that required for the zoning district in which it is located. (Ord. 738 § 1 (Exh. A) (part), 2013).