Chapter 17.08
NONCONFORMITIES
Sections:
17.08.020 Nonconforming parcels.
17.08.040 Nonconforming structures.
17.08.050 Nonconforming parking.
17.08.010 Purpose.
The purpose of this chapter is to address certain uses and legal structures that no longer meet the requirements of this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.08.020 Nonconforming parcels.
Any nonconforming parcel under one ownership and of record on December 1, 1967, and where no adjoining land was owned by the same person at that time, may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.08.030 Nonconforming uses.
A. Continuance and Expansion. A nonconforming use may be continued but the use shall not be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time the use became nonconforming, unless it is allowed by use permit or a use permit is applied for and meets the findings in conformance with the zone and is approved by the deciding body.
B. Portion of a Building. The nonconforming use of a portion of a building may be extended throughout the building; provided, that a use permit shall first be obtained.
C. Change in Use. The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained.
D. Discontinued Use. If a nonconforming use is discontinued or abandoned or made to conform to the requirements of this title for a consecutive six-month period, it shall thereafter be used only in accordance with the regulations for the district in which it is located. Within the scope of this section, uses that require a use permit and which are discontinued or abandoned for a consecutive six-month period shall be considered nonconforming uses. A determination that a use has been abandoned requires both (1) evidence of an intention to abandon, and (2) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or lack of business records to document continued operation. Maintenance of a valid business license shall of itself not be considered a continuation of the use. Without further action by the city, any subsequent use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning ordinance. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.08.040 Nonconforming structures.
A. Continuance. A nonconforming structure may continue to exist, subject to the provisions of this section.
B. Damage. A nonconforming structure damaged or destroyed by fire, explosion, earthquake, flood, or other natural or human-caused act to an extent of more than seventy-five percent of the appraised value of the structure thereof, according to the assessor’s record, may be restored only if made to conform to all current regulations of the district in which it is located.
C. Maintenance—General. Ordinary maintenance and repairs may be made to any legal nonconforming structure, residential or nonresidential, provided no structural alterations are made and provided such work does not exceed fifteen percent of the appraised value of the structure in any one-year period, except as provided in subsection B of this section.
D. Major Repairs and Renovation for Nonconforming Residences. More extensive renovations and repairs beyond those covered by subsection C of this section may be allowed for nonconforming residential structures in a residential zoning district, provided such work does not exceed fifty percent of the appraised value of the structure as determined by the latest county assessment roll in any one-year period, and does not extend or enlarge the nonconformity.
E. Use Permit Required. Maintenance, repair, and renovation work exceeding the limits identified in subsections C and D of this section shall require a use permit in accordance with the provisions of Section 17.20.040 and shall not extend or enlarge the nonconformity. (Ord. 2020-002 § 2, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.08.050 Nonconforming parking.
Where any nonconforming use or structure is allowed to be expanded, changed or replaced, the new structure or use shall comply with the current parking requirements in Chapter 17.54, Parking and Loading. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)