Chapter 17.64
NONCONFORMING USES AND STRUCTURES
Sections:
17.64.010 Nonconforming uses and structures.
17.64.030 Nonconforming RV and mobilehome uses and parks.
17.64.040 Nonconforming off-street parking.
17.64.050 Underground utilities.
17.64.060 Land acquisition by public agency.
17.64.010 Nonconforming uses and structures.
The lawful use of lands or structures existing on the effective date of the regulations codified in this title, although such use or structure does not conform to the regulations applied to such property or structure, may be continued, except as provided as follows:
A. Any structure conforming as to use but not conforming as to lot area, yards, height or other requirements herein at the effective date of the ordinance codified in this title may be altered, repaired or extended; provided, that such alteration, repair, or extension shall not increase the existing degree of nonconformance.
B. If any nonconforming building is destroyed to the extent that the cost of repair, using new materials, exceeds 60 percent of the current value of the structure, then the building shall become subject to all regulations in the applicable zone except as provided in Chapter 17.60 TMC. The repair of a partially destroyed building shall commence within one year and an additional six months shall be allowed for the completion of the exterior of any reconstruction.
C. Any change of a nonconforming use shall be to a conforming use, and a nonconforming use which has been discontinued for a period of one year or more shall not be reestablished. A nonconforming use of a part of a lot or a structure shall not be extended throughout the lot or structure.
D. Any use for which a use permit is required by these regulations shall be considered a nonconforming use until a use permit is obtained.
E. Any signs existing on the effective date of the ordinance codified in this title, but not conforming to the provisions of this title, shall be permitted to continue for a period of three years from the effective date of the ordinance codified in this title and shall be removed or conformed on or before that date. Signs advertising a discontinued use shall be considered nonconforming and shall be removed within 30 days of the discontinuance. [Ord. 166 § 6.20, 1979].
17.64.020 Nonconforming lots.
If a lot was delineated on a recorded subdivision map, or was lawfully established as a separate lot on the effective date of the regulations codified in this title, and such lot does not conform to the minimum lot area of the zone in which it is located, it shall be considered a legal building site for uses permitted in the pertinent zone, even if the owner of the lot has at any time owned land contiguous to the lot, provided all other requirements of this title and other applicable city ordinances and standards can be satisfied. [Ord. 166, § 6.21, 1979].
17.64.030 Nonconforming RV and mobilehome uses and parks.
A. Recreational vehicles and mobilehomes used as a permanent residence, existing within the confines of a legally established recreational vehicle park or mobilehome park on the effective date of the ordinance codified in this title, may continue to be used as a permanent residence, provided the vehicle is at least 100 square feet in floor area, conforms to the pertinent state construction requirements, and contains at least 100 square feet of floor area per occupant. Recreational vehicles and mobilehomes existing on the date of the ordinance codified in this title that do not meet these requirements shall be discontinued as a permanent residence within one year of the date of the ordinance codified in this title.
B. Recreational vehicle parks and mobilehome parks existing on the date of the ordinance codified in this title that do not comply with the density or other regulations herein pertaining to such facilities shall be considered a legal nonconforming use, provided such facility shall in no way be altered so that it in any way increases its nonconformance. Any expansion of such facilities shall comply with all requirements herein stated. [Ord. 166 § 6.22, 1979].
17.64.040 Nonconforming off-street parking.
Off-street parking facilities existing at the time the ordinance codified in this title is adopted, incidental to a lawfully established use, but which are nonconforming as to the provisions of this title shall be considered the required off-street parking for that specific use. Any change in the use, the building, or the parking facilities shall be subject to the following provisions:
A. An existing parking facility, incidental to a lawfully established use, shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this title in any respect, unless the end result is an equivalent number of off-street parking spaces, or the required number of parking spaces, whichever is the lesser, as required by this title.
B. If a building or use is expanded, parking as required by this title shall be provided for the expanded portion of the use. Any existing parking shall be retained, or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as required by this title. If the number of spaces required for the expansion is greater than the number required herein for the existing building, then any existing parking area shall be brought into conformance with the requirements of this title.
C. If the use of land or a building is changed to a use with a greater parking requirement, parking equal to the difference between the requirement for the existing and the proposed use, as contained herein, shall be provided in accordance with the provisions of this title. Existing parking shall be retained or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as provided by this title. [Ord. 166 § 6.23, 1979].
17.64.050 Underground utilities.
All utility connections, including telephone and electricity, for new buildings, shall be located underground in the commercial, public and religious, planned development, visitor services, special environment and open space zones, and undergrounding may be required by the design assistance committee in the suburban residential and urban residential zones when necessary to protect important scenic views from public vantage points. [Ord. 166 § 6.24, 1979].
17.64.060 Land acquisition by public agency.
A. A public agency considering the acquisition of land in the city shall submit to the city a report identifying the proposed acquisition area, existing site characteristics, proposed changes in use, proposed structures and improvements, and an assessment of environmental impacts or impacts on city services and finances that could result from the proposed acquisition and development.
B. The report shall be reviewed by the planning commission and the city council. The city council shall submit written comments to the agency, indicating its concerns and preferences, within 30 days of report submittal. Upon written acknowledgment of receiving the city’s comments, the agency may proceed with the acquisition. The same review process shall apply when an agency intends to change the use or make facility changes on their lands. Until the zoning of acquired lands has been changed to permit the intended uses, public agencies shall not proceed with site improvements or use of the land. The city shall not be obligated to provide public services when the use or development of public lands is inconsistent with the provisions of this title. [Ord. 166 § 6.25, 1979].