(A) Purpose. This section provides standards and procedures for existing land uses and developments that do not comply with this chapter. The regulations are intended to provide some relief from code requirements for uses and developments established prior to February 3, 2012, that do not comply with current standards. This section contains three sections with standards: Division (B) below applies to nonconforming uses (e.g., industrial use in residential zone); division (C) below applies to nonconforming developments (e.g., structure does not meet setback or height standards); and division (D) below applies to nonconforming lots (e.g., lot is smaller than minimum area required by code).
(B) Nonconforming use. Where at the time of adoption of this chapter a use of land exists that would not be permitted under the current code but was lawful at the time it was established, the use may continue; provided, that the provisions of divisions (B)(1) through (B)(4) below apply.
(1) Expansion of nonconforming use limited. Expansion in area of land or space occupied by a nonconforming use shall not exceed 20% of the subject site or building area that existed as of February 3, 2012. A nonconforming use may be expanded only once. Such expansion requires approval of a conditional use permit.
(2) Location of nonconforming use. A nonconforming use shall not be moved in whole or in part from one lot to another lot, except as to bring the use into conformance with this chapter.
(3) Discontinuation or abandonment of nonconforming use. A nonconforming use that is discontinued for any reason (except fire or other catastrophe beyond the owner’s control) for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use; except the Planning Commission may approve an extension, in which case the extension shall be limited to one 12-month period. For purposes of calculating the 12-month period, a use is discontinued or abandoned upon the first occurrence of any one of the following:
(a) The date when the use of land is physically vacated;
(b) The date the use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods/stock or office equipment or the disconnection of telephone or utility service;
(c) The date of termination of any lease or contract under which the nonconforming use has occupied the land;
(d) The date a request for final reading of water and power meters is made to the applicable utility districts;
(e) The date when the owner’s utility bill or property tax bill account became delinquent; or
(f) The date of an event similar to those listed in divisions (B)(3)(a) through (B)(3)(e) above, as determined by the Planning Commission.
(4) Application of code criteria and standards to nonconforming use. Once the city deems a use abandoned pursuant to division (B)(3) above, any subsequent use of the subject lot shall conform to the current standards and criteria specified by this chapter. After the city has deemed a nonconforming use abandoned, the use shall not be allowed to resume, in whole or in part, under the same or different ownership/management; any such activity is a violation of this chapter and subject to enforcement proceedings.
(C) Nonconforming development. Where a development exists on the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on lot area, lot coverage, height, yard, equipment, access, parking, landscaping, its location on the lot or other requirements concerning the development; and the development was lawful when constructed, the development may remain on the site as long as it remains otherwise lawful, subject to the following provisions.
(1) Alterations. Any expansion of a nonconforming structure or development shall not exceed 20% of the subject building area or development, including structures, paving, outdoor storage and other developed areas that existed as of February 3, 2012. Such expansion requires approval of a conditional use permit; no such nonconforming building or development may be enlarged or altered in a way that increases its nonconformity, but any development or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this chapter or will decrease its nonconformity.
(2) Destruction. Should such nonconforming development or nonconforming portion of development be destroyed by any means to an extent more than 50% of its current value as assessed by the County Assessor, it shall be reconstructed only in conformity with this chapter.
(3) Roadway access. The owner of a nonconforming access connection (i.e., street or highway access) may be required to bring the nonconforming access into conformance with the standards of the State Department of Transportation, notwithstanding the provisions of this section.
(4) Relocation or removal. Should a nonconforming structure or development be moved for any reason and by any distance, it shall thereafter conform to the regulations of this chapter.
(5) Existing uses granted special status (allowed) in industrial zones. Notwithstanding the restrictions of any other section of this development code, all single-family, two-family (duplex) or accessory residential dwellings and manufactured homes built before February 3, 2012, on industrially zoned properties shall be deemed conforming to the base zoning district. This status extends to existing dwellings used as group care homes, group care facilities, daycare facilities, family daycare and home occupations. Any expansion of an existing structure or development shall not exceed 20% of the original subject building area or development. If any building on these properties is destroyed, as defined in division (C)(2) above, it may be rebuilt not in excess of 20% greater than the original subject building area or development as it existed when it was destroyed, subject to the regulations of any applicable overlay district. If an existing single-family residence is converted to a permitted use in the base zoning district, the special status granted here is rescinded, and the use of the property must thereafter conform to the zoning district requirements in this code.
(D) Nonconforming lot. If a lot situated within a subdivision which has been duly platted, approved and recorded in the office of the County Clerk at the time of the passage of this chapter, or if any other lot or aggregate of other lots held in a single ownership, as so recorded at such time, have an area or dimensions which do not meet the lot size requirements of the zone in which the property is located, the holdings may be occupied by a use permitted in the zone subject to other requirements of the zone; provided, that if there is an area deficiency, residential use shall be limited to a single-family dwelling.
(Ord. 1267, passed 1-3-2012; Ord. 1268, passed 3-18-2013; Ord. 1271, passed 2-3-2014) Penalty, see § 153.999