Chapter 19.80
NONCONFORMING LOTS, USES, AND STRUCTURES
Sections:
19.80.050 Nonconforming structures.
19.80.060 Nonconforming parking, loading, signs, landscaping and other required improvements.
19.80.070 Unclassified use permits.
19.80.010 Applicability.
This chapter applies to any land, structure, or use that became nonconforming as of August 31, 1995, or by the passage of any zoning ordinance of the City.
(Ord. 741 § 1 (Exh. Q), 2020; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.80.020 Intent.
This chapter is intended to permit legal nonconforming developments, lots, structures and uses to continue until they are removed but not to encourage their perpetuation. It is further intended that nonconforming developments, lots, structures and uses not be enlarged upon, expanded, extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.
Because nonconforming developments, lots, structures and uses do not conform to requirements of the zone where they are located, they are declared by this chapter to be incompatible with the permitted developments, lots, structures and uses in the zone.
(Ord. 741 § 1 (Exh. Q), 2020; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.80.030 Nonconforming lots.
The party asserting the existence of a lawful nonconforming lot has the burden of establishing that the lot was not substandard according to the requirements in effect at the time of its creation.
A. Nonconforming Single Lots. Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded with the county auditor’s office prior to August 31, 1995, may be used for the purposes permitted by this title notwithstanding the minimum lot area required.
B. Any permitted uses or structures, including any accessory uses or structures permitted in conjunction with a principal use, shall be allowed to be built or expanded on a nonconforming lot. Compliance with applicable development standards such as height and setbacks is required.
(Ord. 741 § 1 (Exh. Q), 2020; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.80.040 Nonconforming uses.
The party asserting the existence of a lawful nonconforming use has the burden of establishing that as of August 31, 1995, the effective date of the ordinance codified in this chapter, or subsequent revisions or amendments, the use was either consistent with the zoning provisions or was a preexisting legal nonconforming use.
A legal nonconforming use may be continued; provided, that:
A. The nonconforming use is not replaced by a conforming use. If replaced by a conforming use, the nonconforming use may not thereafter be resumed.
B. Vacation or Discontinuation. A nonconforming use may be continued by successive owners or tenants where the use is not vacated. If the use is vacated or discontinued for 12 consecutive months, the subsequent use of the land shall be conforming.
C. Expansion on Land, in Buildings or Structures. The nonconforming use shall not be enlarged, increased, expanded or extended to occupy a greater area of land, building or structure than was occupied on the date the use became nonconforming; except, if the nonconforming use is an accessory use and the principal use is a conforming use, the conforming principal use may expand so long as the nonconforming accessory use is not made more nonconforming.
D. The use is not moved in whole or in part to any other portion of the lot or parcel or another lot or parcel in a zone where the structure would be nonconforming.
E. Substantial Destruction. If the structure on which the use depends is harmed or destroyed by more than 50 percent of the improvement value as shown in the County Assessor’s data, the nonconforming use can no longer continue, except when the structure is damaged or destroyed as a result of accidental fire or natural causes, in which case permits to reconstruct a structure in order to continue the nonconforming use shall be applied for within one year of damage. Restoration or reconstruction must be substantially completed within 12 months of permit issuance.
F. Exception for Single-Family Detached Houses. Any existing nonconforming single-family detached housing unit may be expanded as an exception to the basic rules on expansion of nonconforming uses.
(Ord. 741 § 1 (Exh. Q), 2020; Ord. 703 § 2 (Exh. A), 2018; Ord. 514 § 6, 2008; Ord. 455 § 1 (Exh. A), 2005; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.80.050 Nonconforming structures.
The party asserting the existence of a lawful nonconforming structure has the burden of establishing that as of August 31, 1995, the effective date of the ordinance codified in this chapter, or subsequent revision or amendments, the structure was constructed in conformance with the zoning provisions in place at the time the structure was built, or that the structure was built pursuant to the granting of a variance.
A. A nonconforming structure may remain and be used; provided, that:
1. The nonconforming portion of the structure shall not be expanded in any direction which increases its degree of nonconformity, except as specifically authorized through a variance (see UPMC 19.85.030, Variances).
2. If moved, the structure shall be made to conform to regulations of this code.
3. Normal Upkeep, Repairs and Maintenance. Normal upkeep, repairs, maintenance, strengthening or restoration to a safe condition of any nonconforming building or structure or part thereof shall be permitted subject to the provisions of this section.
4. Substantial Destruction. If the structure is harmed or destroyed by more than 50 percent of the improvement value as shown in the County Assessor’s data, the structure must be reconstructed in compliance with the requirements of the zone in which it is located. Structures damaged or destroyed as a result of intentional acts by someone other than the owner may be replaced in the same location and to the same dimensions as the original structure.
5. Permits to reconstruct a nonconforming structure after damage by fire, or natural causes where more than 50 percent of the structure’s value remains, shall be applied for within one year of damage. Restoration or reconstruction must be substantially completed within 12 months of permit issuance.
(Ord. 741 § 1 (Exh. Q), 2020; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.80.060 Nonconforming parking, loading, signs, landscaping and other required improvements.
If improvements required for a given use including but not limited to off-street parking, signs, landscaping, and open space are not in accordance with the requirements of this title, no change that increases the nonconformity with such requirements is permitted. Change that decreases the nonconformity to the requirements of this title is permitted.
(Ord. 741 § 1 (Exh. Q), 2020; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.80.070 Unclassified use permits.
Unless redefined as a conditional use permit, in accordance with Chapter 19.85 UPMC, unclassified use permits shall be considered nonconforming uses and subject to the requirements of this chapter.
(Ord. 741 § 1 (Exh. Q), 2020; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).