(1) Purpose:
A. Establish standards for nonconforming uses, structures and buildings and their continuance or discontinuance thereof.
B. Establish standards for enlargement, extension, construction, reconstruction, movement or structural alteration of nonconforming structures, buildings, or uses.
C. Establish nonconforming uses deemed as permitted.
D. Establish nonconforming lots of record.
(2) General Provisions:
A. Any structure, building or use lawfully occupying a structure, building or land at the effective date of the zoning ordinance, said effective date being December 13, 1977, or subsequent amendments thereto or at the time of annexation or rezone, which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use and may continue to operate as it did prior to the effective date of the zoning ordinance, subsequent amendments thereto, or annexation or rezone.
B. No existing nonconforming structure or building devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure or building to a use permitted in the district in which it is located. (Ord. 2739, 6-16-2008)
1. Except that if a structure or building is destroyed by fire, flood or other natural disaster, the structure or building may be replaced to its original size and use, including the replacement of more than one primary building on a single parcel or lot (no expansions allowed), prior to the destruction with the provision that all current city codes (examples: landscaping, setbacks, infrastructure, etc.) shall be met in replacing the structure or building with the exception of use. A building permit to replace said structure or building must be secured within twelve (12) months from the time of the structure or building being destroyed. If the building permit is not secured within the twelve (12) month time frame the land shall thereafter be used in conformity with the regulations of the district in which it is located. Any expansions would require compliance with section 10-02-02, "Land Use Schedule", table 1 of this article in addition to compliance with all other current city codes. (Ord. 2967, 7-21-2014)
C. No nonconforming use shall be enlarged, expanded or extended to occupy any additional land area, other than to enlarge, expand or extend said use to the property boundary lines in existence at the time of adoption of the zoning ordinance, except in changing the use to a use permitted in the district in which it is located.
D. Any land use, structure or building, or structure or building and land use in combination, in or on which a nonconforming use is discontinued and subsequently replaced by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed, nor shall any other nonconforming use take place.
E. Where nonconforming use status applies to a structure or building and land use in combination, removal or destruction of the structure or building shall eliminate the nonconforming status of the land and the land shall thereafter be used in conformity with the regulations of the district in which it is located. (Ord. 2739, 6-16-2008)
1. Except that when destruction of the structure or building and land use in combination occurs by fire, flood or other natural disaster, the structure or building and land use in combination may be replaced to its original size and use prior to the destruction, including replacement of more than one primary building on a single parcel or lot, with the provision that all current city codes (examples: landscaping, setbacks, infrastructure, etc.) shall be met in replacing the structure or building with the exception of use. A building permit to replace said structure or building must be secured within twelve (12) months from the time of the structure or building being destroyed. If the building permit is not secured within the twelve (12) month time frame the land shall thereafter be used in conformity with the regulations of the district in which it is located. Any expansions to size or use would require compliance with section 10-02-02, "Land Use Schedule", table 1 of this article in addition to compliance with all other current city codes. (Ord. 2967, 7-21-2014)
F. On any nonconforming structure or building, or portion of a structure or building containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, plumbing, painting, roofing or siding; provided, that the area existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.
G. The provisions of this section apply to the entire zoning ordinance unless specifically stated otherwise in a specific section.
(3) Discontinuance Of Nonconforming Uses:
A. Discontinuance, Vacation, Or Clear Intent To Abandon: Whenever a nonconforming use, structure or building has been discontinued or vacated for a period of one consecutive year, or whenever there is evidence of a clear intent to abandon a nonconforming use, structure or building, such use, structure or building shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the underlying zone district.
B. Exceptions: Provided, however, that if the property has improvements designed for a use which is nonconforming pursuant to the terms of this section, the owner shall retain the right to use said improvements for their designed purpose, notwithstanding a period of nonuse, subject to the following exceptions:
1. The nonuse of the improvements for their designed purpose continues for a period of ten (10) years or more;
2. During nonuse of the improvements for their designed purpose, the improvements are used for a different approved or unlawful use;
3. The improvements are redesigned for a use other than their designed purpose; or
4. Failure of the owner to comply with the provisions of this section.
C. Notification Of Intention To Continue Nonuse: If the nonuse of an improvement described in subsection (3)A of this section continues for a period of one year or longer, the city may, by written request, require the owner to declare his intention with respect to the continued nonuse of the improvement in writing within twenty-eight (28) days after receipt of the request. If the owner elects to continue the nonuse, he shall notify the city in writing of his intention and:
1. Post the property in at least one place with a notice of his intent to continue the nonuse of the improvement and a description of its designed purpose. Notices shall be posted using signs of sixteen (16) square feet each or greater, visible from adjoining public rights of way, constructed in permanent all weather materials and maintained by the owner for the entire period of nonuse; and
2. Publish a notice of intent to continue the nonuse of the improvement and a description of its designed purpose in a newspaper of general circulation in the city where the property is located.
3. For the purposes of this section, "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.
4. Nothing contained in this section shall be construed to prohibit the city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare. (Ord. 2739, 6-16-2008)
(4) Nonconforming Uses Deemed Permitted:
A. Any legally existing residential use, structure or building, whether vacant or occupied, and including mobile homes and manufactured homes as defined in section 10-03-11 of this chapter, located in any zoning district, in existence as of the effective date of this section, said effective date being December 13, 1977, or subsequent amendments thereto, or at the time of annexation or rezone, shall not be considered to be a nonconforming use, but rather shall be deemed a permitted use, until such time that said legally existing residential use, structure or building is replaced with another permitted or approved special use.
B. Any legally existing residential structure or building that has been thus deemed permitted as set forth in subsection (4)A of this section shall have all the privileges of a permitted residential structure or building and the structure or building may be enlarged, replaced, altered, expanded, reconstructed and/or remodeled if a building permit has been obtained from the building official.
C. Any legally existing residential use that has been thus deemed permitted as set forth in subsection (4)A of this section may continue as a permitted use. However, said use may not be expanded to a use not permitted in the underlying zoning district (i.e., duplex cannot become a triplex if not allowed as a permitted use in the underlying zoning district).
D. At such time that said existing permitted use, structure or building as set forth in subsection (4)A of this section is replaced with another permitted use or approved special use or is vacant for more than three hundred sixty-five (365) consecutive days, said existing permitted use, structure or building shall become null and void and shall not be reestablished thereafter. (Ord. 2739, 6-16-2008)
(5) Nonconforming Lots Of Record:
A. In any residential zoning district, any single lot or single parcel of land which was of record as a single lot or single parcel of land and a legal lot at the time of adoption of the city of Caldwell zoning ordinance (December 13, 1977) or annexation or rezone, whichever has occurred first, but does not meet the requirements of the residential zoning district in which it is located for the minimum lot width, minimum lot area or minimum lot frontage, may be utilized for a single-family dwelling if all other requirements of this code are met, a building permit has been issued by the building official, and the lot or parcel has a minimum of twenty feet (20') of frontage on a public street, excluding alleys. (Ord. 2805, 11-2-2009)
B. This does not preclude building codes or fire codes, nor does it preclude any existing or planned drainage, irrigation, municipal sewer, municipal water or utility easements, public right of way or future public right of way.
C. The burden of proof to show a lot of record to be nonconforming shall be upon the property owner. (Ord. 2739, 6-16-2008)