Chapter 14-20
NONCONFORMING USES AND STRUCTURES
Sections:
14-20.030 General regulations.
14-20.040 Ongoing construction.
14-20.060 Nonconforming structures.
14-20.010 Purpose.
The purpose of this Chapter is to regulate nonconforming uses, structures and lots.
(Ord. 1137-02 C-M, eff. September 24, 2002)
14-20.020 Exceptions.
No structure lawfully erected before adoption of this Title which no longer meets any one or more of the clear corner triangle, clear vision area or height standards of this Title shall be deemed a nonconforming structure solely because such structure no longer satisfies one or more of such standards. Such a structure may not be made more nonconforming by future construction work.
A single family dwelling lawfully established before adoption of this Title, now located on a lot zoned RM-2 (Multiple Residential Medium Density) or RM-3 (Multiple Residential High Density), shall not be deemed a nonconforming use solely because of status as a single family dwelling.
All lawfully established, residential dwelling units which meet at least seventy-five (75%) percent of the minimum land-area-per-dwelling-unit district standard shall not be deemed nonconforming uses in such district solely because such land-area-per-dwelling unit district standard is not met.
(Ord. 1137-02 C-M, eff. September 24, 2002)
14-20.030 General regulations.
Lawfully established and maintained uses, structures and lots which do not conform to the regulations for the district in which they are located may continue subject to this Chapter. Normal maintenance and repair for benefit of such uses, structures and lots may be performed.
(Ord. 1137-02 C-M, eff. September 24, 2002)
14-20.040 Ongoing construction.
Construction lawfully commenced on a structure or to facilitate a use before a zoning map or ordinance amendment renders the structure or use nonconforming, may be completed if a building permit (and use permit, if applicable) was issued before the effective date of the zoning map or ordinance amendment and the work is diligently prosecuted to completion.
(Ord. 1137-02 C-M, eff. September 24, 2002)
14-20.050 Nonconforming uses.
A nonconforming use may only be increased in size or intensity or modified in location or character through the granting of a special use permit after making findings that such expansion or modification will not adversely affect adjoining properties and those findings required by Section 14-10.607. Residential nonconforming uses may not be expanded to increase the number of dwelling units on a lot where the minimum standards of land-area-per-dwelling-unit for the district cannot be met.
Any non-residential nonconforming use which ceases operation for a continuous period of six months or more shall be deemed to have been discontinued. Such a discontinued nonconforming use shall not be reestablished on a lot unless approved through the granting of a special use permit and all of the following findings are made:
(a) That the discontinued use has not been replaced with a permitted use for a continuous period of six months or more.
(b) That the proposed use is substantially similar in type, scope and intensity to the previous nonconforming use.
(c) That the proposed use will not adversely affect adjoining properties.
(Ord. 1137-02 C-M, eff. September 24, 2002)
14-20.060 Nonconforming structures.
Nonconforming structures may be enlarged, modified, or strengthened if not thereby made more nonconforming. Such structures may be relocated within the lot if not thereby made more nonconforming. If damaged by disaster or calamity so that the cost of repairs is less than or equal to sixty (60%) percent of the current market value of the structure as defined in Subdivision (aa) of Section 9-2.200, such structure may be repaired as a matter of right if a building permit for such repair is issued within twelve months and such repairs are diligently prosecuted to completion.
Such structures damaged so that the cost of repairs exceeds sixty (60%) percent of the current market value of the structure as defined in Subdivision (aa) of Section 92.200, may be reconstructed and the related use may be reestablished subject to the issuance of a special use permit with the following requirements:
(a) The special use permit application is filed within twelve (12) months of the damage or destruction.
(b) Construction commences within six months of the approval of the special use permit or by such other time as may be specified, in the special use permit.
(c) The proposed repaired structure is located within the same or reduced footprint as the original structure, except where expansion is otherwise allowed or where a variance has been approved.
(d) Parking is no less than existed before the damage.
(Ord. 1137-02 C-M, eff. September 24, 2002)
14-20.070 Signs.
Advertising signs, billboards or other advertising structures shall be subject to Section 8-6.117.
(Ord. 1137-02 C-M, eff. September 24, 2002)
14-20.080 Nonconforming lots.
Uses and structures may be established on nonconforming lots when such uses or structures otherwise satisfy this Code. A person may apply for a variance when a structure proposed for a nonconforming lot conforms to district standards in all other respects except applicable setbacks. If an undeveloped nonconforming lot adjoins one or more other undeveloped nonconforming lots in common ownership, a variance shall not be granted if a re-subdivision, lot merger or boundary line adjustment, to make both lots conforming, can be reasonably accomplished.
(Ord. 1137-02 C-M, eff. September 24, 2002)