Article II. Nonconforming Uses and Structures
18A.20.200 Purpose.
This article establishes uniform provisions for the regulation of nonconforming land uses, structures, and lots (termed “nonconformities” within this chapter). The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. See Chapter 18A.40 LMC for a further discussion of permitted uses.
A. Within the City’s zoning districts, there may exist lots, uses, and structures that were lawfully established but which no longer conform to the most current provisions and standards of the zoning district in which they are located. Such nonconformities may adversely affect the development and redevelopment of the City consistent with the provisions of the comprehensive plan.
This article provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the City’s comprehensive plan and this title. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure.
B. It is the overall intent to generally discourage the long-term continuance of nonconforming lots, uses and structures and to:
1. Limit the number and extent of specific nonconforming uses and structures that conflict with the provisions of this Zoning Code by prohibiting their reestablishment after abandonment;
2. Establish procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and structures;
3. Allow for the continuation and maintenance of specific nonconforming uses and structures;
4. Eliminate specific nonconforming uses and structures;
5. Limit the alteration, enlargement, or relocation of nonconforming structures in any manner that increases their level of nonconformity to this current Zoning Code;
6. Limit the extent to which nonresidential uses that are involuntarily damaged or destroyed can be restored; and
7. Allow for the reconstruction of nonconforming residential dwelling units that are involuntarily damaged or destroyed. [Ord. 726 § 2 (Exh. B), 2019.]