Chapter 10.25
NONCONFORMING LOTS AND USES AND NONCOMPLYING STRUCTURES
Sections:
10.25.030 Determination of nonconformance.
10.25.040 Nonconforming lots of record.
10.25.050 Nonconforming uses of land.
10.25.060 Noncomplying structures.
10.25.070 Nonconforming uses of structures.
10.25.080 Repairs and maintenance.
10.25.090 Nonconforming uses or noncomplying structures detrimental to health and safety.
10.25.100 Extension of time for recovery of investment.
10.25.010 Intent.
Within the zones established by this title, or amendments thereto, building lots, structures, and/or uses of land and structures lawfully existed before the City Council adopted or amended this title that prohibits, regulates, or restricts said lots, structures, and uses thereon under the terms of this current title. It is the intent of this title to permit these nonconformities to continue until such time as they are changed, amended, or abandoned.
This chapter declares nonconforming uses or noncomplying structures to be incompatible with permitted uses in the zone involved. However, to avoid undue hardship, nothing in this title shall require a change in the plans, construction, or designated use of any building or land on which actual construction or use lawfully began prior to the effective date of adoption or amendment to this title and is diligently pursued. This title defines “actual construction” as the placement of construction materials in a permanent position and fastening in a permanent manner. Where excavation, demolition, or removal of an existing building substantially began preparatory to rebuilding, this title shall deem such excavation, demolition, or removal to be actual construction, provided the builders carry on the work diligently. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-5-010.]
10.25.020 Continuation.
A nonconforming use or noncomplying structure, legally existing when it became prohibited, may continue as provided in this chapter. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-5-020.]
10.25.030 Determination of nonconformance.
Pursuant to the procedures set forth in SCC 10.20.110, the Land Use Authority shall determine all matters regarding noncomplying structures or the nonconforming use of lots, buildings, and land and whether they are noncompliant with respect to current provisions of this chapter. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-5-030.]
10.25.040 Nonconforming lots of record.
In any zone, notwithstanding other limitations imposed by this title, builders may erect structures permitted in said zone on any single legal building lot of record that does not conform to lot area or lot width requirements of the zone on the effective date of this title. A lot of record that does not meet lot area or lot width requirements must still meet the other requirements of the zone.
Where lots are larger than required by this title, the land owner may subdivide said lots into smaller lots, unless the division would create a lot smaller in lot width or lot area than required by this title. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-5-040.]
10.25.050 Nonconforming uses of land.
Where, at the time of passage of this title or amendments thereto, the lawful use of land exists that this title no longer permits, the use may continue so long as it remains otherwise lawful, provided:
(A) No one enlarges or increases such nonconforming use or extends such use to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.
(B) No one moves in whole or in part such nonconforming use to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this title.
(C) Any such nonconforming use of land does not cease for any reason for a period of more than one year; otherwise, any subsequent use of such land shall conform to the regulations specified by this title for the zone in which such land resides.
(D) No one erects additional nonconforming structures in connection with such nonconforming uses of land. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-5-050.]
10.25.060 Noncomplying structures.
Where a lawful structure exists at the effective date of adoption or amendment of this title that could not lawfully be built under the new terms of this title by reason of restriction on lot area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may continue so long as it remains otherwise lawful, subject to the following provisions:
(A) No one may alter or enlarge such noncomplying structure in any way which increases its nonconformity, but may alter any noncomplying structure or portion thereof to decrease its nonconformity.
(B) Such structure shall thereafter conform to the regulations for the district wherein the structure is located if it moves for any reason for any distance. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-5-060.]
10.25.070 Nonconforming uses of structures.
The lawful use of a structure or structures and premises, existing at the effective date of adoption or amendment of this title, that the new provisions of said ordinance no longer allow in the zone may continue so long as it remains otherwise lawful, providing that:
(A) No one shall enlarge, extend, construct, or structurally alter an existing structure devoted to a nonconforming use without changing the use to a permitted use.
(B) Any nonconforming use may be extended to any other part of a building designed for such use; provided, that:
(1) No structural alteration to the building is made for the purpose of extending the use; and
(2) The nonconforming use does not extend in any way to occupy land outside the structure.
(C) Nonconforming uses of buildings, structures, or premises that change to another nonconforming use must receive approval from the Planning Commission. In determining whether or not to grant approval, the Planning Commission shall determine the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(D) Any noncomplying structure or nonconforming lot or use of a structure and/or land superseded by a permitted structure or use shall thereafter conform to the regulations of the zone in which it resides, and the noncomplying structure and/or nonconforming use may not thereafter resume.
(E) Whenever a nonconforming use of a structure or premises ceases for one year, no one shall use the structure or premises thereafter except in conformity with the regulations of the zone in which it resides. The term “ceases” as used in this subsection shall mean that the activity in question has not been in operation for a period of one year.
(F) Overcoming Presumption of Abandonment. A presumption of abandonment may be rebutted upon evidence presented by the owner showing no intent to abandon the use, structure, or other nonconformity. Such evidence may include proof that, during the alleged period of abandonment, the owner did either of the following:
(1) Maintained the lot and structure, if any, in accordance with the building code; or
(2) Actively and continuously marketed the lot or structure for sale or lease. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-5-070.]
10.25.080 Repairs and maintenance.
The City may prohibit the reconstruction or restoration of a noncomplying structure or terminate its nonconforming use if the structure deteriorates to a condition that renders it uninhabitable. The City shall mail written notice of such intent to the property owner granting such owner six months from the date of mailing in which to repair or restore the structure to its original condition. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-5-080.]
10.25.090 Nonconforming uses or noncomplying structures detrimental to health and safety.
No provisions of this chapter shall be construed to allow the continuance of any nonconforming use or noncomplying structure when it is detrimental to the health, safety, or welfare of the public. [Ord. 11-02 § 1 (Exh. A); Code 1971 § 10-5-090.]
10.25.100 Extension of time for recovery of investment.
The Land Use Administrator may suspend any requirement that a nonconforming use, lot, or parcel or noncomplying structure or other nonconformity come into compliance with the provisions of this title if the owner of the affected property demonstrates that they have not recovered or amortized the amount of their investment in the nonconforming use, lot, or parcel or noncomplying structure or other nonconformity.
(A) Written Request for Extension Required. A property owner shall submit a written request to the Land Use Administrator for an extension of time needed to recover their investment in the affected property.
(B) Information Required. The following information shall accompany the request:
(1) The amount of the owner’s investment in the use, structure, lot, parcel, or other nonconformity from the time it became nonconforming.
(2) The amount of such investment realized to date and an estimate of the amount to be realized on the date the time limit expires.
(3) Evidence of any lease or purchase obligations undertaken in reliance on any previously issued licenses or permits applying to the use, structure, lot, parcel, or other nonconformity, including any contingency clauses therein permitting termination of such lease. [Ord. 11-02 § 1 (Exh. A); Code 1971 § 10-5-100.]