NON-CONFORMING USES AND STRUCTURES
Sections:
20.698.010 Purpose.
20.698.020 Non-conforming uses.
20.698.030 Non-conforming structures.
20.698.040 Termination of non-conforming uses and structures.
20.698.050 Non-conforming accessory uses and accessory
structures.
20.698.060 Non-conforming lots.
20.698.070 Loss of legal non-conforming use status procedures.
20.698.080 Amortization of non-conforming uses and structures.
20.698.010 Purpose.
The purpose of this chapter is to regulate and limit the continued existence
of uses and structures established prior to the enactment of this title, or
any amendments, that do not conform to the provisions of this title. Non-conforming
uses may continue, but the provisions of this division are designed to curtail
substantial investment in non-conforming uses and structures and, when necessary
in order to preserve the integrity of this title, to bring about their eventual
elimination. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1955)
20.698.020 Non-conforming uses.
A. Continuation. Non-conforming uses may continue in accordance with
the provisions of this chapter.
B. Maintenance and repair. Normal maintenance and repair to permit continuation
of registered non-conforming uses may be performed.
C. Expansion. Non-conforming uses shall not be extended or enlarged except
as provided by this chapter.
D. Change of use. A non-conforming use shall not be changed to any other
use unless the new use conforms to the provisions of the zoning district in
which it is located. (Ord. 763, 1996; Ord. 1676, 1968).
20.698.030 Non-conforming structures.
A. A non-conforming structure devoted to a use permitted in the land use
district in which is it located may be continued in accordance with the provisions
of this chapter.
B. Normal maintenance and repair of non-conforming structures may be performed.
C. Non-conforming structures which are used in a manner conforming to
the provisions of this title may be enlarged or extended provided that the
non-conformity is not further enlarged or expanded.
D. A non-conforming structure, other than an historic structure previously
listed on the National Register of Historic Places or designated as historic
by the board, shall not be moved unless it will conform to the regulations of
the land use district in which it is located. (Ord. 763, 1996; Ord. 167, 1968;
Ord. 103, 1955)
20.698.040 Termination of non-conforming uses
and structures.
A. Where a non-conforming use of land or structure is discontinued or
abandoned for six consecutive months, the use may not be reestablished or resumed,
and any subsequent use must conform to the provisions of this title.
B. Damage or destructions.
1. If a structure in which a non-conforming use is located is damages
or destroyed enough to require substantial improvement, then the structure may
be repaired or restored only for uses which conform to the provisions of the
zoning district in which it is located. IF the cost of improvement exceeds
50 percent of the assessed value of the structure, the improvement is a substantial
improvement. Within the unincorporated Town of Genoa, such a structure
may be repaired or restored, and the nonconforming use continued, regardless
of the extent of such damage or destruction.
2. Any part of a structure, in which a non-conforming use is located,
which is damaged or destroyed to the extent that less than 50 percent of the
fair market value of the structure may be restored as of right, may be reconstructed
if a building permit for reconstruction is issued within six months of the date
of the damage and if the resulting structure conforms to the provisions of the
land use district in which it is located. (Ord. 1043, 2003; Ord. 763, 1996;
)rd. 167, 1968; Ord. 103, 1955)
20.698.050 Non-conforming accessory uses and
accessory structures.
A non-conforming accessory use or accessory structure shall not continue
after the principal structure or use is terminated unless the structure or use
conforms to the provisions of the land use district in which it is located.
(Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1955)
20.698.060 Non-conforming lots.
A. When an existing non-conforming lot can be used in conformity with
all of the regulations applicable to the intended use, except that the lot is
smaller than the required minimum lot area applicable to the zoning district,
the lot may be used as proposed.
B. When a use proposed for a non-conforming lot is one that is conforming
in all other respects but with the applicable setback requirements, the property
owner may apply for a variance pursuant to chapter 20.606.
C. If an undeveloped non-conforming lot adjoins one or more other undeveloped
non-conforming lots in common ownership, a variance shall not be granted if
re-subdivision or lot merger to make both lots conforming can be reasonably
accomplished. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1995)
20.698.070 Loss of legal non-conforming use
status procedures.
A. The department shall be charged with the responsibility to ensure compliance
with the provisions of this chapter. If at any time the department determines
that the provisions of this chapter have been violated, so that a use or structure
should no longer enjoy legal non-conforming status, the department shall prepare
a report setting forth the reasons for the determination and a recommendation
on the appropriate course of action. The report shall be submitted to the planning
commission. Personal notice of such determination shall be given by first class
mail, to the owner of the property or structure which is the subject of the
determination, advising the owner that a hearing to consider the administrator’s
determination shall be held by the commission on a date certain, not less than
30 working days following the date the notice is mailed and specifying the time
and place of the hearing.
B. The hearing before the commission shall be held in accordance with
the provisions of chapter 20.24. The decision on whether the use or structure
should be required to conform to the provisions of this title shall be rendered
by the commission in accordance with the provisions of chapter 20.10.
(Ord. 763, 1996; Ord. 167, 1968; Ord. 103. 1955)
20.698.080 Amortization of non-conforming
uses and structures.
A. Upon a recommendation by the community development department that
a type of non-conforming structure or use, or any specific non-conforming structure
or use is detrimental to the public health, safety or general welfare, the board
may adopt an amortization schedule under which a non-conforming use or structure,
or type of non-conforming use or structure, may be gradually eliminated. The
schedule shall establish a timetable by which the non-conforming uses or structures
shall be eliminated or made conforming and be consistent with the following:
1. Following adoption of an amortization schedule covering a type
of non-conforming use or structure, or a particular non-conforming use or structure,
the department may initiate amortization proceedings with respect to specific
uses or structures in the manner provided in section 20.698.080. Any non-conforming
use or structure found to be detrimental to the public health, safety or general
welfare, may be ordered to be removed or the use discontinued in accordance
with the time-frames established in the adopted amortization schedule.
2. Upon failure of the property owner to carry out the order, the
county may take any steps necessary to remove such structure or discontinue
the use and assess the cost thereof against the property owner. (Ord. 763,
1996)
