Chapter 18.85
NONCONFORMING USES AND BUILDINGS
Sections:
18.85.020 Avoidance of undue hardship.
18.85.030 Nonconforming lots of record.
18.85.040 Continuation of use.
18.85.070 Expansion of nonconforming buildings.
18.85.080 Discontinuance of use.
18.85.010 Purpose.
It is the intent of this title to allow the continuation of nonconforming uses and buildings existing at the time of adoption of this title and legal uses which become nonconforming by adoption of this title, but not to encourage their survival or allow an increase in size or intensity of nonconforming uses. [Ord. 230, 2016.]
18.85.020 Avoidance of undue hardship.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building for which a building permit has been issued prior to the effective date of adoption or amendment of this title and upon which actual building construction has been carried out diligently. [Ord. 230, 2016.]
18.85.030 Nonconforming lots of record.
A. Where an individual lot was held in separate ownership from adjoining properties or was platted in a recorded subdivision approved by the city council prior to the effective date of the ordinance codified in this title and fails to meet the requirements for area or width, or both, that are generally applicable in the district, such lot may be occupied according to the permitted uses provided for in the zone district. No multifamily project shall be developed on any lot or property smaller than the minimum area required by this title.
B. In all zone districts, a building on an undersized lot of record at the effective date of adoption or amendment of this title shall not be considered a nonconforming building provided the building meets all other bulk and setback requirements in that district.
C. Lots in existence prior to the adoption of this title which do not comply with minimum standards for the zone district shall be subject to design review by the commission. Approval shall be obtained prior to commencement of construction. [Ord. 230, 2016.]
18.85.040 Continuation of use.
A nonconforming use may be continued, subject to the provisions of this chapter. [Ord. 230, 2016.]
18.85.050 Change in use.
A nonconforming use may be changed only to a conforming use. [Ord. 230, 2016.]
18.85.060 Expansion of use.
A nonconforming use may not be enlarged or extended, including, without limitation, any increase in the total amount of space devoted to the nonconforming use, thereby increasing the degree of nonconformity. Criteria used to determine enlargement or extension shall include, but not be limited to, areas of land covered, square footage of building or use space, number of dwelling units, and hours of operation. A nonconforming use shall not be used as justification for adding other structures or uses prohibited in the same district. A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this title, was designed to accommodate such use. A nonconforming use may not be extended to additional buildings or to land outside the original building. [Ord. 230, 2016.]
18.85.070 Expansion of nonconforming buildings.
A nonconforming building may not be enlarged, extended, reconstructed, moved, or structurally altered so as to increase the degree of nonconformity. A nonconforming building may be enlarged so long as the enlargement does not create new nonconformities with respect to such matters as setbacks and parking requirements. Minor repairs, as defined in DCC 18.85.090, of nonconforming buildings are encouraged. [Ord. 230, 2016.]
18.85.080 Discontinuance of use.
A. If active and continuous operations of a nonconforming use are not carried on during a continuous period of six months, the tract of land where such a nonconforming use previously existed shall thereafter be used only for a conforming use. Intent to resume active operations shall not be considered active and continuous operations.
B. Notwithstanding the provisions of this chapter, if a nonconforming manufactured home is removed from the tract of land on which it was located, said tract of land shall thereafter be occupied by only a conforming use. [Ord. 230, 2016.]
18.85.090 Repair.
On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing-wall fixtures, wiring or plumbing; provided, that the repair does not increase the degree of nonconformity of the use or building as described in DCC 18.85.060 and 18.85.070. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the city building inspector upon order of such official. [Ord. 230, 2016.]
18.85.100 Restoration.
A. A nonconforming building (not to include buildings continuing a nonconforming use) which has been damaged, partially destroyed, or completely destroyed, either by fire or other calamity or natural causes or by intentional demolition by the owner of said building, may be rebuilt so long as the repaired or rebuilt building in no way increases the degree of nonconformity, including nonconformity with respect to such matters as setbacks and parking requirements. Any enlargement of such a nonconforming building shall not increase the degree of any nonconformity, and shall also meet the requirements of DCC 18.85.070 with regard to prohibition against the creation of any new nonconformity. The height of the repaired or reconstructed building shall not exceed the height of the building that existed prior to repair or reconstruction unless design review approval for a building with an increased height has been granted by the Donnelly planning and zoning commission.
B. Notwithstanding the provisions of subsection (A) of this section, a nonconforming manufactured home used as a residence which is destroyed by fire or natural causes may be replaced with a manufactured home having the same overall dimensions as the previously existing manufactured home; provided, that such replacement occurs within three months of the calamity. [Ord. 230, 2016.]