Section:
19.08.010 Purpose
19.08.020 Definitions
19.08.025 Nonconforming uses
19.08.030 Nonconforming structures and site improvements
19.08.040 Loss of nonconforming status
19.08.050 Nonconforming parcels
19.08.060 Conformity of uses requiring use permits
19.08.070 Previous use permits in effect
19.08.080 Unlawful structures and uses
19.08.090 Nuisance abatement
This chapter establishes uniform provisions for the regulation of legal nonconforming structures, land uses, and parcels. Within the zoning districts established by these Regulations, there exist structures, land uses, and parcels that were lawful prior to the adoption or amendment of these Regulations, but which would be prohibited, regulated, or restricted differently under the terms of these Regulations or future amendments. It is the intent of these Regulations, as amended, to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this chapter. Generally, this chapter is intended to be administered in a manner which encourages the eventual abatement of these nonconformities.
(Ord. 2185)
Nonconformities are defined as follows:
A. Nonconforming Use. A use of a structure or land that was legally established and maintained prior to the adoption of these Regulations and which does not conform to these Regulations governing allowable land uses for the zoning district in which the use is located.
B. Nonconforming Structure. A structure that was legally constructed prior to the adoption of these Regulations and which does not conform with the development standards of these Regulations.
C. Nonconforming Site Improvements. Parking and maneuvering areas, pedestrian walkways, landscaping areas, and similar site improvements which were legally constructed or installed prior to the adoption of these regulations and which do not conform with the development standards of these Regulations.
D. Nonconforming Parcels. A parcel of record that was legally created prior to the adoption of these Regulations and which does not comply with the access, area, or width requirements of these Regulations for the zoning district in which it is located.
E. Nonconformity Upon Annexation. Nonconformities shall include a structure, use, or parcel legally existing and located in the unincorporated territory and which, upon annexation to the City, does not comply with the provisions of these Regulations.
F. Nonconforming Parking Capacity. The number of off-street parking spaces and/or loading spaces provided for a land use or structure legally existing prior to the adoption of these Regulations that do not conform with these Regulations shall be legally nonconforming. Such existing land use or structure shall not be determined to be nonconforming solely because of a lack of off-street parking and/or loading spaces required by these Regulations (Chapter 19.70 (Parking and Loading Standards)). Parking capacities on sites with non-conforming parking capacity shall not be further reduced unless approved for a parking reduction or other alternative in compliance with Chapter 19.70 (Parking and Loading Standards).
(Ord. 2185)(Ord. 2435 §11)(Ord. 2519 §2)
A. Continuance of Nonconforming Uses. A nonconforming use of land may be continued, transferred, or sold, provided that the nonconforming status has not been lost pursuant to terms in Section 19.08.040 (Loss of nonconforming status).
B. Change of a Nonconforming Use. Notwithstanding any other provision of this chapter, the Director may grant an administrative use permit, in compliance with Chapter 19.25 (Administrative Use Permits), to authorize a nonconforming use to change in the following manner:
1. Substitution of Use. A nonconforming use may be changed to a use of the same or a less-intensive/more-restricted nature; and/or
2. Relocation of Use. A nonconforming use within a structure may be relocated elsewhere within the structure.
Approval of a substitution or relocation of a nonconforming use shall be subject to the additional finding that the proposed non-conforming use is of the same or lesser intensity than the previous nonconforming use (e.g., fewer employees, reduced storage capacity or floor area, reduced hours of operation, etc.).
C. Intensification of a Nonconforming Use. Notwithstanding any other provision of this chapter, the Zoning Administrator or Commission may grant a use permit, in compliance with Chapter 19.24 (Use Permits), to authorize an intensification or expansion of a nonconforming use. Exception is provided for non-conforming single-family residential uses involving a conforming addition to a non-conforming single-family residential use shall not be considered an intensification.
(Ord. 2519 §3)
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