Chapter 17.141
NONCONFORMING BUILDINGS, LOTS AND USES
Sections:
17.141.010 Purpose and intent.
17.141.020 Nonconforming lots of record.
17.141.030 Expansion of nonconforming buildings.
17.141.040 Continuance and discontinuance of nonconforming uses.
17.141.010 Purpose and intent.
Within the districts established by this title, there exist certain buildings, lots and uses which were lawful before these regulations were adopted but which would be prohibited, regulated or restricted under the terms of these regulations or future amendments. It is the intention of this article to permit nonconforming uses to continue but to restrict the expansion of such nonconforming uses. (Ord. 95-769 § 5 (part), 1995)
17.141.020 Nonconforming lots of record.
Notwithstanding the limitation imposed by other provisions of this title, any permitted use or building may be erected or established on any single lot of record existing at the effective date of adoption or amendment, as applicable, of these regulations, even though such lot fails to meet the requirements for area or width, or both, applicable to the particular district involved; provided, that building setbacks are observed and the lot otherwise conforms to the regulations for the district in which the lot is located. (Ord. 95-769 § 5 (part), 1995)
17.141.030 Expansion of nonconforming buildings.
A nonconforming building or site which contains a conforming use may be expanded, enlarged or extended; provided, that any such additions meet the applicable yard requirements, buffer and landscape strip requirements and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within which such building is located. (Ord. 04-024 § 46, 2004: Ord. 95-769 § 5 (part), 1995)
17.141.040 Continuance and discontinuance of nonconforming uses.
The lawful use of any building, structure, sign or land existing at the time of enactment of these regulations may be continued, subject to the limitations of this section, even though such use does not conform with the use provisions of the district in which it is located, except that a use, nor the principal building, structure or land containing a nonconforming use, shall not be:
A. Changed to another nonconforming use;
B. Reestablished after abandonment for one year;
C. Expanded, enlarged or extended, unless such use is changed to a use permitted in the district in which such use is located;
D. Rebuilt, altered or repaired after damage exceeding sixty percent of its replacement value at the time of destruction as determined by the records of the county assessor for the year preceding the damage or destruction. Damage less than sixty percent of the replacement value must be completed within one year of the date the damage occurred. The planning commission may allow rebuilding in excess of sixty percent of replacement value upon good cause shown through the public hearing process. When determining whether the structure which contained the nonconforming use may be reconstructed, the applicant must show the following conditions can be met:
1. The applicant has requested review within six months of the date that the structure was damaged or destroyed;
2. The structure will be constructed to the configuration existing immediately prior to the time the structure was damaged;
3. Restoration can be completed within one year of planning commission approval;
4. The landscape strip and buffer requirements of the district in which the structure is located can be met, and any street frontage improvements required by the city under current law will be provided by the applicant;
5. Off-street parking can be provided in accordance with this title; providing, that the original configuration and placement of the building on the lot will allow such.
The planning director may impose additional mitigating conditions such as those normally applied to a conditional use permit in the same district. (Ord. 04-024 § 47, 2004: Ord. 95-769 § 5 (part), 1995)