Chapter 11.55
NONCONFORMING USES AND BUILDINGS
Sections:
11.55.030 Existing development and land use activity.
11.55.040 Discontinuation/abandonment of a nonconforming use or structure.
11.55.060 Reestablishment after disaster.
11.55.010 Purpose.
This chapter provides regulations for nonconforming land uses, structures, and parcels to allow reasonable continuation of legally established uses and buildings that do not meet current city regulations.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.55.020 Applicability.
The provisions of this chapter shall apply to all nonconforming buildings or uses, including outdoor activities such as product storage or parking.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.55.030 Existing development and land use activity.
A. Use Continuation. Nonconforming land, buildings or uses may continue, subject to compliance with the applicable requirements of city, county, state, and federal laws regarding their operations.
B. Legal Establishment. The person claiming the existence of a nonconforming building or use has the burden of proof with regard to that claim.
C. Health, Safety, Welfare. The city shall determine that the continuation of the previously conforming use and/or structure does not endanger the health, safety, or general welfare of the public.
D. Continuation of Nonconforming Residential, Industrial, and Nonindustrial Use Types. Nonconforming residential and nonindustrial uses may continue in use in any zone where they were legally established.
E. Continuation of Nonconforming Industrial Use Types. Nonconforming industrial uses may continue in use in any zone where they were legally established.
F. Continuation of Nonconforming Residential and Nonindustrial Buildings. Nonconforming residential and nonindustrial buildings and improvements may continue to be maintained and in use until such time as any of the following occurs:
1. The building(s)/improvement(s) is demolished voluntarily, not caused by natural disaster.
2. The building(s) is to be expanded, altered, or modified by more than ten percent in size from the size at the time it became nonconforming.
G. Continuation of Nonconforming Industrial Buildings. Nonconforming industrial buildings and improvements may continue to be maintained in the location until such time as any of the following occurs:
1. The building(s)/improvement(s) is demolished voluntarily, not caused by natural disaster.
2. The building(s) is to be expanded, altered, or modified by more than ten percent in size from the size at the time it became nonconforming.
3. A nonconforming structure that began construction under an active building permit prior to a change in regulations in this title, which would make the structure nonconforming once completed, may be completed per approved building permit and plans, and shall be deemed a previously conforming structure.
H. Repairs and Maintenance of Nonconforming Structures – Residential, Industrial, and Nonindustrial. Minor building/structure repairs, aesthetic improvements, and routine maintenance are permitted and encouraged on all structures; provided, that no additions, enlargements, or structural alterations are made, except in accordance with the provision of this title. Renovations may be permitted subject to the following standards:
1. Valuation. Maximum estimated cost does not exceed fifty percent of the construction valuation.
2. Existing Footprint. All renovation occurs within the existing footprint and floor area of the existing structure.
I. Alterations and Expansion of Residential Nonindustrial Structures and Uses. Alterations or expansions of a nonconforming residential structure or use are permitted subject to the approval of the director and the following standards:
1. One-Time Expansion. A one-time expansion of up to ten percent of the existing square footage.
2. No additional residential units are created.
3. The expansion does not reduce the number of existing on-site parking spaces or access to the building.
4. The expansion does not increase the number of stories.
5. The expansion complies with all other provisions of this title.
J. Alterations and Expansion of Industrial Structures and Uses. Alterations or expansions of a nonconforming industrial structure or use are permitted subject to the approval of the director through an administrative permit application and subject to the following standards:
1. One-Time Expansion. A one-time expansion of up to ten percent of existing square footage.
2. The expansion is of an incidental character and does not constitute a complete remodel as defined by this chapter and determined by the director.
3. The expansion will architecturally integrate into the existing structure and not negatively impact overall site design.
4. The expansion does not reduce the number of existing on-site parking spaces or access to the building.
5. The expansion complies with all other provisions of this title.
K. Nonconforming Parking – Residential, Industrial, and Nonindustrial. Uses that have nonconforming parking or loading may continue in operation, subject to the following conditions:
1. One-Time Expansion. A one-time expansion of up to ten percent of existing floor space may be permitted without increase in parking requirements, regardless of conformance with Chapter 11.33, Parking Standards. Additional expansions shall require improvement of parking conditions to be consistent with Table 11.33-1.
2. Changes to Parking Area. Any changes to a parking area layout, loading area, circulation aisles, access, lighting, or landscaping may only occur when the change reduces or corrects an existing substandard condition; changes shall be subject to applicable permitting of this title.
L. Conforming Expansions. Alterations or expansions of any nonconforming use that brings the land use or building into partial or full compliance shall be permitted if the proposed improvements comply with the design and development standards of this title, and the requirements of this chapter. Such improvements will not be subject to the one-time expansion limitation.
M. Phasing of Compliance. Partial conversions of properties or buildings to bring them into better compliance with this title are permitted and encouraged. This applies to nonconforming outdoor activities such as product storage or parking. When a portion of a property, building, or use is converted to bring it into conformance in phases, the owner does not waive the right to maintain previously allowed uses of other parts of the building or property under the conditions established in this chapter.
N. Ownership of Multiple Parcels. For the purposes of this chapter, multiple contiguous parcels under the same or substantially the same ownership or control shall be treated as if they were a single parcel or property for enforcement of nonconforming use or building, including outdoor activities such as storage of product or parking. Ownership for the purposes of this chapter is defined as the same or similar business ownership structure.
O. Interpretation of Existing Uses. For the purposes of this chapter, an existing use of any part of a building or property will be assumed to be an existing use throughout that building or property, including outdoor activities.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.55.040 Discontinuation/abandonment of a nonconforming use or structure.
A. Discontinuation – Residential and Nonindustrial. Any discontinuance of such nonconforming use, as defined in this chapter, for a continuous period of six consecutive calendar months shall be deemed to constitute an abandonment of any right to continue or maintain such nonconforming use, and any future land use shall conform to provisions of this title. The director may extend, in writing, for no longer than six months, the period of discontinuance upon making the findings required by this chapter.
B. Discontinuation – Industrial. Any discontinuance of such nonconforming use, as outlined in this chapter, for two consecutive calendar years shall be deemed to constitute an abandonment of any right to continue or maintain such nonconforming use, and any future land use shall conform to provisions of this title. The director may extend, in writing, for no longer than twelve months, the period of discontinuance upon making the findings required by this chapter.
C. Abandonment – Residential and Nonindustrial. If any residential or nonindustrial nonconforming use or structure is wholly discontinued or abandoned for a continuous period of six calendar months, any subsequent use of such land or structure shall conform to the provisions of this title. The determination of discontinuance (i.e., abandonment) shall be supported by evidence, satisfactory to the director, and shall include the following:
1. The apparent intent of the owner to discontinue use of the nonconforming structure, as determined by the director.
2. Where furnishings, appliances and other personal property associated with the use are absent, and where lawful occupancy and/or use of the structure has been discontinued for six consecutive calendar months. Evidence of a discontinuation of a nonconforming use shall include but not be limited to: (i) the absence of active electricity, gas and water service accounts; and (ii) the absence of an active waste collection account.
3. If the previously conforming use has been discontinued for the purpose of repair, remodeling, or aesthetic improvements, the maintenance of an active building permit and continuance of a business license shall constitute conclusive evidence that such use has not been abandoned during the period of repair, remodeling, or aesthetic improvements; provided, that the work is conducted diligently to completion.
D. Abandonment – Industrial. If any industrial nonconforming use or structure is wholly discontinued or abandoned for a continuous period of two calendar years, any subsequent use of such land or structure shall conform to the provisions of this title. The determination of discontinuance (i.e., abandonment) shall be supported by evidence, satisfactory to the director, and shall include the following:
1. The apparent intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the director.
2. Where furnishings, equipment and other personal property associated with the use are absent, and where lawful occupancy and/or use of the structure has been discontinued for two calendar years. Evidence of a discontinuation of a nonconforming use shall include but not be limited to: (i) the absence of an active business license; the absence of an active State Board of Equalization permit; (ii) the absence of active electricity, gas and water service accounts; and (iii) the absence of an active waste collection account.
3. If the previously conforming use has been discontinued for the purpose of repair, remodeling, or aesthetic improvements, the maintenance of an active building permit and continuance of a business license shall constitute conclusive evidence that such use has not been abandoned during the period of repair, remodeling, or aesthetic improvements; provided, that the work is conducted diligently to completion.
E. Transfer to New Owner or Tenant. A change in ownership or occupancy of a use shall not result in a loss of nonconforming status, and the nonconforming status is transferable to a new owner or tenant; provided, that the use is not discontinued.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.55.050 Limitations.
A. New Development. Any new structure(s) built on a nonconforming parcel shall conform to the provisions of this title.
B. New Uses. If a nonconforming use is not reestablished within the time frame identified in this chapter, any new use or building (including outdoor activities) would be subject to the design and development requirements of new code with an effective date of March 2015. This determination may be appealed to the director, as identified in Section 11.50.040.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.55.060 Reestablishment after disaster.
Where any nonconforming building or structure is damaged or partially destroyed by fire, explosion, other casualty, or natural disaster, structure reconstruction and use reestablishment may be permitted subject to the following conditions.
A. Existing Footprint. Reconstruction occurs completely within the same footprint and setbacks existing prior to the disaster (unless no longer conforming to building code requirements), the number of dwelling units is not increased, or the amount of off-street parking is not reduced. The reconstruction is eligible for the one-time expansion of up to ten percent of existing square footage as allowed by this chapter.
B. Compliance with Title 9. A reconstructed building or structure shall comply with all current regulations in Title 9 of this code.
C. Time Frame. Reconstruction, completion, and reestablishment of use shall conform to the same time provisions as identified in Section 11.55.040, and reconstruction shall be subject to the provisions of this title.
D. Destruction Defined. “Damage or partial destruction” for the purpose of this section is defined as that which exceeds fifty percent of the replacement cost of the building or structure at the time of destruction.
E. Nonconforming Use. Reestablishment of a nonconforming land use or building destroyed after a disaster may be established with approval of a conditional use permit (CUP). The use or building that has the highest level of the nonconformance would be permitted to be reestablished.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.55.070 Abatement.
A. Nonconforming Uses. The director determines when land, structures, uses or outdoor activities have lost their nonconforming status. The director’s determination is subject to appeal to the planning commission pursuant to Section 11.50.040. Any abandoned nonconforming outdoor land use activity in any zone shall be abated, including clearing of the land and any associated equipment or materials, within one year of notification by the director and/or planning commission. All future use of such land shall conform to the applicable zone and use provisions of this title.
B. Noncompliance Notification. If the conditions of Section 11.55.030, Existing development and land use activity, are not met, the city shall notify the property owner(s) of noncompliance of a building, structure or land use with two written correction notices, each requiring thirty-day compliance, within a twelve-month period. Where corrections are not fulfilled, the planning commission shall establish a formal schedule for abatement of the property after the sixty-day notification process. Abatement shall be required within two years from the second correction notice, as postmarked to the property owner(s).
C. Abatement Schedule. When establishing the abatement schedule, the city shall consider the type of construction, age, condition, and extent of nonconformity of the structure or use in question. A formal resolution shall be passed to establish the facts upon which the abatement determination is made, and the property owner(s) and lessee shall be notified in writing of the decision within sixty days of meeting; the notice shall include reasonable abatement and conformance requirement dates.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.55.080 Substandard lots.
Legally created preexisting substandard lots having less than the minimum required lot area or width shall be considered a legal building site and shall be granted a land use permit consistent with the applicable zone without needing a variance for lot width or area. The development of an illegally created lot is prohibited.
A. Required Setbacks. Development on a substandard lot shall meet the required setbacks of the applicable zone. Where development standards cannot be met, the substandard lot size shall not be used as the sole basis for granting a variance.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)