A. Purpose. Within the zoning districts established by this Development Code, there exist land uses, structures, and parcels that were lawful at the time they were established, constructed, or formed, but that are
now prohibited, regulated, or restricted differently under the terms of this Development Code. This section establishes uniform provisions for the regulation of these legal nonconforming land uses, structures, and parcels. In addition, § 14.02.06B. includes additional regulations that apply to nonconformities in the Airport Overlay District.
B. Nonconforming structures.
1. Continuation. A nonconforming structure may be continued, transferred, or sold; and may undergo normal and necessary maintenance and repairs; provided that no structural alterations are made.
2. Loss of status through substantial damage.
a. If a nonconforming structure or a conforming structure used for a nonconforming use is damaged or destroyed due to a catastrophic event and the cost of repairing or replacing the structure is greater than 50% of the current appraised value of the structure as shown on the County Assessor’s records, or as established by a state licensed appraiser, the right to continue occupancy of the nonconforming structure or to continue the nonconforming use shall cease.
b. If the cost of repairing or replacing the structure does not exceed 50% of the current appraised value of the structure, as shown in the County Assessor’s records or established by a state licensed appraiser, the structure may be restored and the use continued if the restoration is started within 1 year of the date of damage or destruction and is completed within 2 years of the date of damage or destruction.
3. Exemption for residential units. Notwithstanding the provisions of division B.2. above, nonconforming single-, 2- and multi-family residential dwelling units damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) if completed within 1 year of the catastrophic event. The new construction shall comply with the current building and fire code requirements.
4. Special provision for MU-UMS and R-UMS Districts. A nonconforming building or other structure may be allowed a tenant improvement or added to, provided 50% or more of the existing floor area or 50% of the assessed value is not exceeded.
5. Special provisions for Airport Overlay District. Whenever the Zoning Administrator determines that a nonconforming structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure to exceed the applicable height limit or otherwise deviate from the zoning regulations.
C. Nonconforming uses of land and structures.
1. Continuation. A nonconforming use of land and structures may be continued, transferred, or sold; provided, the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use.
2. Special provision for MU-UMS and R-UMS Districts.
a. Restaurant/café uses established or existing within a nonconforming building and/or with nonconforming parking may provide outdoor seating within the right-of-way as set forth in § 14.03.03E.4.
b. A change of an existing permitted use to another permitted use will not trigger compliance with UMS District standards.
3. Loss of status through discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a period of at least 180 consecutive days or a total of 12 non-consecutive months, rights to a legal nonconforming status shall terminate, regardless of the owner’s intention to abandon.
D. Nonconforming home occupations.
1. Continuation. Nonconforming uses, legal under this Development Code, shall continue as legal nonconforming uses under the current Code until one of the events in division D.2. below occurs.
2. Loss of status. The nonconforming status of the home occupation shall be lost if:
a. The operator ceases to do business for a period of 60 days or more;
b. The operator fails to maintain a proper business license for more than 30 days; or
c. The business is moved to a new location.
3. No restarting after loss of status. If lost, a legal nonconforming status cannot be regained and the use shall be subject to the applicable regulations of this Development Code, and, as of July 1, 1997 and thereafter, shall comply with the use-specific standards in §§ 14.03.03E.2.h. and 14.03.03E.2.k.
E. Nonconforming site features.
1. Continuation. A nonconforming site feature, including but not limited to parking, landscaping, or lighting, may be continued; and may undergo normal and necessary maintenance and repairs; provided that the degree of nonconformity is not increased.
2. Loss of status when status of use or building is lost. When a nonconforming use or building loses its nonconforming status pursuant to divisions B. or C. above, the nonconforming site feature also loses its nonconforming status. Any requirement that the use or structure be brought into compliance with the provisions of this development code shall require that the nonconforming site features also be brought into conformance.
3. Special provision for MU-UMS and R-UMS Districts. A property with nonconforming parking is allowed a change of an existing permitted use to another permitted use and will not trigger compliance with MU-UMS and R-UMS parking standards provided that the conditions of division B.1. above are met.
4. Special provisions for Airport Overlay District. Whenever the Zoning Administrator determines that a nonconforming tree has been more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow the tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
F. Nonconforming parcels and lots. If a parcel or lot was legally created, but no longer meets the minimum size, width, or other requirements of the zone district in which it is located, the lot may still be improved with those primary and accessory structures permitted in the zone district where it is located, and may
be put to the primary and accessory uses permitted in the zone district where it is located, provided that the structure and use comply with all requirements applicable to other lots in that zone district, including but not limited to minimum building setbacks, minimum parking requirements, and maximum lot coverage by buildings.
G. Nonconforming signs.
1. Legal nonconforming status. A sign located within the city as of the date of adoption of this Development Code that does not conform with the provisions of this chapter is eligible for characterization as a “legal nonconforming” sign and is allowed; provided, it also meets the following requirements:
a. The sign was issued a permit before the date of adoption of this Development Code, if 1 was required under the applicable law.
b. If no permit was required under the applicable law, the sign was in compliance in all respects with the applicable law on the date of adoption of this Development Code.
2. Loss of status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if any 1 of the following occurs:
a. The sign is structurally altered.
b. The sign is relocated.
c. The sign is abandoned as defined in Article VI (Definitions and Rules of Construction) for a period of 60 days or more.
3. Result of loss of legal nonconforming status. A sign that loses its legal nonconforming status shall be immediately brought into conformance with this chapter and an accompanying permit, or shall be removed.
4. Maintenance and repair of legal nonconforming signs. Nothing in this chapter shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance, and repair of signs; provided, that any repainting, cleaning, or other normal maintenance or repair of the sign or copy that in any way makes it more nonconforming may cause the sign to lose its legal nonconforming status.
(Ord. 16-1141, passed 2-23-2016)