HomeMy WebLinkAboutChapter_60 Nonconforming Situations
Title 18
Chapter 60
NONCONFORMING SITUATIONS
Sections:
18.60.010 Nonconforming Uses
18.60.020 Changes to or Expansions of Nonconforming Uses
18.60.030 Nonconforming Area and Bulk Requirements for Existing Lots
18.60.040 Nonconforming Structures
18.60.050 Changes to or Expansions of Nonconforming Structures
18.60.010 Nonconforming Uses
A. Any use lawfully existing upon the effective date of the ordinance codified in this title
may be continued at the size and in the manner of operation existing upon such
date except as hereinafter specified, or in the case of signage as specified in
Chapter 18.52.
B. Except as otherwise specified in this chapter, the right to operate and maintain a
nonconforming use shall terminate when the structure or structures housing such
use are removed beyond 50 percent of the market value, razed, or suffer substantial
damage as defined in Chapter 18.80. However, in the event of damage by fire,
wind, earthquake, or other natural disaster to the extent described above, said
nonconforming use or uses may be reestablished through a conditional use permit
procedure as set forth in Chapter 18.34. Such restoration shall comply to the
maximum extent reasonably feasible with the requirements of this title.
C. When any lawful nonconforming use of any structure or land in any district has been
changed to a conforming use, it shall not thereafter be changed to any
nonconforming use.
D. Whenever a lawful nonconforming use of a building, structure, or land is
discontinued for a period of ninety days, any future use of the building, structure, or
land shall be in conformity with the provisions of this title.
E. Normal maintenance of a building or other structure containing or related to a lawful
nonconforming use is permitted, including necessary structural repairs, provided
such structural repairs do not enlarge, intensify, or otherwise redefine the
nonconforming use. (Ord. 1645 ~ 1, 2005)
18.60.020 Changes to or Expansions of Nonconforming Uses
A. A lawful nonconforming nonresidential use shall not be changed except in
conformance with the use requirements of the zone in which it is located. Except,
however, a lawful nonconforming nonresidential use may be changed to another
nonconforming use, provided that the proposed use is not of greater intensity than
the original use, as determined by the criteria in ~ 18.60.020.8 of this chapter, and
that a conditional use permit is obtained from the City Commission. A lawful
nonconforming nonresidential use may be expanded only through the granting of
a conditional use permit by the City Commission. In considering the
appropriateness of the conditional use permit application, the City Commission shall
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weigh the criteria set forth in Subsection B below. In addition, the Commission shall
consider whether the expansion is reasonable, natural, and incidental to the growth
and use of an existing business. In general, proposals to expand nonconforming
uses shall not be approved if the expansion would encompass new land or property
which was not in use at the time of the enactment of zoning or a change in zoning.
B. To approve a conditional use permit to change or expand a nonconforming
nonresidential use, the City Commission shall determine that the proposed
nonconforming use is more appropriate to the district than the existing
nonconforming use, and that no unsafe or unhealthy conditions are perpetuated.
In making such a determination, the Commission shall weigh the following criteria
in addition to the criteria applicable to all conditional use permits:
1. Traffic impacts, both onsite and offsite;
2. Off-street parking and loading requirements;
3. The visual impact on the surrounding area;
4. The degree of compliance with the adopted growth policy and this title;
5. The level of conflict with other uses in the surrounding area;
6. The presence of other nonconformities in the surrounding area;
7. The degree to which any existing unsafe or hazardous conditions would be
mitigated;
8. The viability of the subject structure(s); and
9. Onsite and offsite impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
c. A lawful nonconforming residential use may be reduced in terms of the number of
dwelling units, in an effort to achieve greater conformance with the underlying
zoning designation, through the review process required by Chapters 18.28, 18.30,
and 18.34 without the need to obtain a conditional use permit from the City
Commission. A lawful nonconforming residential use shall not be permitted to
increase the number of dwelling units.
D. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including
expansion of up to 20 percent of the existing total residential area, without the need
of a conditional use permit from the City Commission, as long as the number of
dwelling units on the lot is not increased. In instances where new construction is
allowed. all appropriate approvals such as a certificate of appropriateness or
building permit shall be obtained prior to the initiation of construction. (Ord. 1645 ~
1, 2005)
18.60.030 Nonconforming Area and Bulk Requirements for Existing Lots
A. At the time of the enactment of the ordinance codified in this title, if any owner of a
plot of land consisting of one or more adjacent lots, as defined in Chapter 18.80, in
a subdivision of record does not own sufficient land within the lot of record to enable
him/her to conform to the minimum lot size requirements, or does not have sufficient
lot width to conform to the minimum lot width requirements, such plot of land may
nevertheless be used as a building site. The lot dimension requirements of the
district in which the piece of land is located may be reduced by the smallest amount
that will permit a structure of acceptable size to be built upon the lot, with such
reduction to be determined by the City Commission. Existing buildings on
nonconforming lots may be expanded without deviations or variances so long as the
expansion does not increase or create one or more nonconformities.
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1. In the R-S, R-1, and R-2 districts, the reduction shall permit only a
single-household residence.
2. In the R-3. R-4, and R-O districts. the reduction shall permit only a duplex.
B. No lot, even though it may consist of one or more adjacent lots in common
ownership at the time of passage of the ordinance codified in this title, shall be
reduced in size so that lot width or size of yards or lot area per household or any
other requirement of this title is not maintained except as provided for in this title.
This section views lots as merged for the purposes of planning and zoning
regulation of bulk. size. or similar dimensional standards only, and does not
aggregate individual parcels of land in a manner affected by ~ 76-3-1 03( 17)(b),
MCA. This section shall not apply when a portion of a lot is acquired for a public
purpose.
C. Adjacent parcels which do not conform to minimum lot requirements, and which are
in common ownership, shall be considered individual lots of record for the purposes
of this code only if they are each greater than one acre in size and were created
prior to the passage of the ordinance codified in this title. (Ord. 1645 ~ 1, 2005)
18.60.040 Nonconforming Structures
A. Any nonconforming structure lawfully existing upon the effective date of the
ordinance codified in this title may be continued at the size and configuration
existing upon such date except as hereinafter specified, or in the case of signage
as specified in Chapter 18.52 and lighting as specified in ~ 18.42.150.0.
B. The right to operate and maintain a nonconforming structure shall terminate when
the structure is removed beyond 50 percent of the market value, razed. or
substantially damaged. However, in the event of damage by fire, wind, earthquake.
or other natural disaster to the extent described above, said nonconforming
nonresidential structure may be reestablished through a conditional use permit
procedure as set forth in Chapter 18.34. Such restoration shall comply to the
maximum extent feasible with the requirements of this title.
C. Normal maintenance of a lawful nonconforming structure is permitted, including
necessary structural repairs provided such structural repairs do not enlarge the
structure or intensify the use. (Ord. 1645 ~ 1,2005)
18.60.050 Changes to or Expansions of Nonconforming Structures
A. A lawful nonconforming structure shall not be changed except in conformance with
the requirements of the zone in which it is located or as provided in this chapter.
B. A lawful nonconforming structure may be expanded through the plan review process
required by Chapters 18.28. 18.30. and 18.34. Unless the proposed expansion
would create a new nonconformity or increase an existing nonconformity, no
deviation or variance is required for the expansion.
C. If a lawful nonconforming structure is proposed to be changed or expanded in a
manner which would increase the degree of nonconformity, or would create a new
nonconformity, a deviation, or a variance shall be properly granted prior to, or in
conjunction with, the site development approval required in Chapters 18.28, 18.30,
and 18.34.
D. The maintenance and reconstruction of existing nonconforming residential
structures is allowed, in compliance with applicable fire and building codes, as well
as, the provisions of this chapter, so long as the number of dwelling units on the lot
is not increased. Maintenance activities may not increase the degree of
nonconformity. (Ord. 1645 ~ 1, 2005)
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