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ARTICLE 5
NON-CONFORHING USES
5.010 GENERAL.
(1) Vithin the zoning districts established by this Code there exist
uses vhich vere lavful before this Code vas adopted, but vhich are
prohibited, regulated or restricted under the terms of this Code.
It is the intent of this Article to identify such non-conforming
uses and to prescribe the conditions under vhich they may continue
or be terminated.
(2) A structure that has received a valid Building Permit prior to the
adoption of this Code may be completed in accordance vith the
terms of that Building Permit and used for the purpose for vhich
it vas permitted. The structure and its use shall then be
considered non-conforming. The burden of proof shall be on the
applicant to demonstrate that the structure has received a valid
Building Permi t.
5.020 REVIEV.
(1) The expansion or modification of a non-conforming use and/or the
.-expansion of a non-conforming structure vith an increase in impact
shall be, revieved under Type III procedure (Discretionary Use).
See Section 5.040 of this Article.
(2) A complete application together vith all required materials shall
be accepted by the Director prior to the reviev of the request in
accordance vith Sec~ion 3.050, Application Submittal.
5.030 CONTINUANCE.
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A non-conforming use may continue so long as it remains othervise lavful,
subject to the folloving limitations:
(l)
Routine maintenance and repairs
repair vork does not exceed 50%
determined by the Building Official.
may be performed provided that
of the replacement costs as
(2) Any non-conforming structure vhich is determined to be substandard
by the Building Official may be brought into compliance vith the
Building Safety Codes.
(3) Any non-conforming. structure suffering damage not exceeding 50
percent of its replacement cost, as determined by the Building
Official, may be restored to its original condition in accordance
vith development standards in effect at the time of construction,
provided that the vork complies with current Building Safety and
Fire Codes.
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(4) If any non-conforming structure suffers damage exceeding 50
percent of its replacement cost, as determined by the Building
Official, the non-conforming use shall not be permitted and all
subsequent uses shall be in compliance with the provisions of this
Code.
5.040 EXPANSION.
An expansion or modification of a non-conforming use and/or the expansion of a
non-conforming structure, or the expansion of a building or structure
resulting in an increased impact upon adjacent properties, shall be considered
an expansion of a non-conforming use. Approval may be granted only when the
increased impact of the expansion upon adjacent properties has been adequately
mitigated in the opinion of the Approval Authorrty, in addition to satisfying
the Discretionary Use criteria of Section 10.030 of this Code.
5.050 ABANDONMENT.
Any non-conforming use which is discontinued for 90 days or more, or any
non-conforming structure which is not occupied or used for 90 days or more.
shall be deemed abandoned and lose its status as a non-conforming use,
building or structure. Any subsequent use or development shall be in
compliance with the provisions of this Code.
5.060 LOTS" OF RECORD.
(1) Any legal lot of record (with legal access to public right of way)
in existence prior to the adoption of the Comprehensive Zoning
Code, 1982, which lot was created in accordance with City
requirements in effect at the time of creation, and is now
non-conforming due to area. width and depth of the lot, shall be a
buildable lot, provided that the development standards of this
Code shall be met.
(2) Any lot of record that is non-conforming due to a public facility
deficiency including but not limited to unimproved streets. lack
of sidewalks. sewers or storm drainage may be further developed in
accordance with Article 31.' Site Plan Review Standards and Article
32, Public and Private Improvement Standards.
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