Chapter 11.26 : Non-Conforming Lots, Uses and Structures

Sections:

11.26.010 Intent
11.26.020 Non-Conforming Lots of Record
11.26.030 Non-Conforming Uses of Land
11.26.040 Non-Conforming Uses of Structures
11.26.050 Repairs and Maintenance
11.26.060 Conditional Uses

11.26.010 Intent. It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this code to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or be used as grounds for adding other structures, or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment to this title and which actual building construction has been carried on diligently.

11.26.020 Nonconforming Lots of Record. In any district, notwithstanding other limitations imposed by this title, structures permitted in said district may be erected on any single lot of record on the effective date of this code. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district. No variance shall be granted to facilitate the erection, construction or establishment of any structure on a nonconforming lot of record.

Where lots are larger than required by this title, said lots may be divided, except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this title.

11.26.030 Nonconforming Uses of Land. Where at the time of passage of this code, lawful use of land exists which would not be permitted by the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful, provided:

1). No such nonconforming structure may be altered or enlarged in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

2). Should such non-conforming structure or non-conforming portion of a structure be destroyed by any means to the extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance (see Section 11.20.190 (2) for reconstruction of single family residences in business districts). **amended by ORD 2003-3**

3). Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

4). Should a non-conforming use of land be discontinued for a period of ninety (90) days, further use of the property shall conform to this ordinance.

For the purpose of this chapter, the lack of required off-street parking as per Section 11.15.060 and Chapter 11.24 and the lack of off-street loading as per section 11.15.070 and Chapter 11.15 as applied to the B-3 Central Business District shall not render structures as nonconforming at the time of the passage of this ordinance.

11.26.040 Nonconforming Uses of Structures. If lawful use of a structure, or of structures and premises, exist at the effective date of adoption or amendment of this code that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, providing that:

1). No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered, unless the use is changed to a permitted use.

2). Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.

3). Deleted.

4). Any structure, or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may no thereafter be resumed.

5). Whenever a nonconforming use of structure or a premises ceases for 90 days, the structure or premises shall not there after be used except in conformance with the regulations of the district in which it is located. the term "ceases" as used in this subsection shall mean that the activity in question has not been in operation for a period of 90 days.

6). Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

For the purpose of this chapter, the lack of required off-street parking per Section 11.15.060 and Chapter 11.24 and the lack of off-street loading per Section 11.15.070 and Chapter 11.25 as applied to the B-3 Central Business District shall not render structures as nonconforming as of the passage of this ordinance.

11.26.050 Repairs and Maintenance. On any nonconforming structure or portion of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of non-bearing walls, to an extent not exceeding 10 percent of the replacement value of the building in any one year, provided that such work does not increase the cubic content of the building. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or portion thereof declared unsafe by any official charged with protecting the public safety, upon order of such official.

11.26.060 Conditional Uses. Conditional uses provided for under Chapter 11.21 shall not be deemed a nonconforming use in the district in which it is permitted.