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Nonconforming single- 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) (e.g., building envelope and footprint standards). The new construction shall comply with the current building and fire code requirements.
(Ord. 182 § 2 (part), 1997)
A. Termination by Discontinuance.
1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least one hundred eighty (180) days or more, rights to a legal nonconforming status shall terminate, regardless of the owner's intention to abandon.
2. The determination of abandonment shall be supported by evidence, satisfactory to the director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).
3. Without further action by the city, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this development code.
B. Termination by Destruction. If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be re-paired or rebuilt and reoccupied only as follows:
1. If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) per-cent of the current appraised value of the structure, as shown in the county assessor's records, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and
2. If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration.
(Ord. 182 § 2 (part), 1997)
A nonconforming parcel of record that does not comply with the access, area, or width requirements of this development code for the zoning district in which it is located, shall be considered a legal building site if it meets at least one of the criteria specified below. This section does not apply to parcels created by an approved undeveloped subdivision which do not meet the density, area and/or width requirements of the underlying zone, unless otherwise vested prior to the zone change or general plan amendment which rendered the subdivision map non-conforming. New development on nonconforming parcels shall conform to the current development standards established by this development code and other applicable city regulations. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
A. Recorded Lot. A validly existing recorded lot prior to any general plan amendment or zone change which rendered such lot nonconforming.
B. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
C. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure, in compliance with Chapter 16.72 or resulted from a lot line adjustment.
D. Partial Government Acquisition. The parcel was created in compliance with the provisions of this development code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than twenty (20) percent and the yard facing a public right-of-way was decreased not more than fifty (50) percent.
(Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
A use in existence by virtue of a conditional use permit issued in compliance with the regulations in effect at the time of application for a land use activity which, under the new regulations is not allowable by conditional use permit, may continue, but only in compliance with the provisions and terms of the original conditional use permit. If the conditional use permit specified a termination date, then the use shall terminate in compliance with the original permit.
(Ord. 182 § 2 (part), 1997)
Uses and structures which did not comply with the applicable provisions of this development code or prior planning and zoning regulations when established are violations of this development code and are subject to the pro-visions of Chapter 16.84 (Enforcement Provisions). No right to continue occupancy of property containing an illegal use or structure is granted by this chapter. The activity shall not be lawfully allowed to continue unless/until permits and entitlements required by this development code and the municipal code are first obtained.
(Ord. 182 § 2 (part), 1997)
In the event that a legal nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the city, in compliance with Chapter 8.20 of the municipal code.
(Ord. 182 § 2 (part), 1997)