Chapter 23.68 — NONCONFORMING USES AND BUILDINGS

• [1] Prior ordinance history: Ords. 210 N.S., 382 N.S., 532 N.S., 824 N.S., 956 N.S., 1022 N.S., 1085 N.S., 1418 N.S. and 1523 N.S.

• (a) The term "nonconforming use" is defined in Chapter 23.08 PGMC to mean a use which was legal when it was created, but because of subsequent changes in regulations no longer conforms to the regulations for the district in which it is situated. "Nonconforming use" describes four types of circumstances in which a property does not conform to the regulations of the district in which it is situated:

  • (1) A nonconforming building, i.e., a building or structure that does not conform because of its size, type or construction, location on the land, proximity to other buildings on the site, or its lot coverage;

  • (2) A nonconforming use of conforming buildings, i.e., a situation where the building conforms but the use of the building is not permitted. An example is a duplex located on a lot currently zoned for a single-family dwelling;

  • (3) A nonconforming use of nonconforming buildings, i.e., a situation where neither the building nor the use conforms. An example is a triplex which is over coverage, does not meet

current parking standards and which is situated on a lot currently zoned for fewer than three units;

• (4) A nonconforming use of land, i.e., a situation wherein there are generally no buildings or structures involved and the use of land is nonconforming. An example is the storage of materials on a lot currently zoned for open space.

Combinations of the four mentioned nonconforming situations also exist, particularly in the older neighborhoods of the city. This chapter is intended to implement the policies contained in the general plan pertaining to nonconforming uses so as to encourage compliance with the city's housing code, the preservation of historical resources, and the abatement of undesirable land uses.

• (b) Densities which exceed those prescribed in zoning regulations, such as those described in subsections (a)(2) and (3) of this section, are not subject to variance.

• (Ord. 1659 N.S. § 2, 1989; Ord. 13-003 § 19, 2013)

The use of land, including buildings, structures, or other improvements thereon, which was lawful before the ordinances codified in this title were passed or amended, may be continued, although such use does not conform to the regulations for the district in which such land is located; provided, that no such use shall be enlarged or increased, nor extended to occupy a greater area than was occupied by such use on the date of passage of an ordinance making such use nonconforming.

Exceptions:

• (a) Paving and construction to accommodate off-street parking on such land may be permitted if a use permit is first secured in each case.

• (b) The nonconforming use of a portion of a building or structure may be extended throughout the building; provided, that a use permit shall first be secured in each case.

• (c) The nonconforming use of a building or structure may be changed to a use of the same or more restricted nature; provided, that a use permit shall first be secured in each case.

• (Ord. 1659 N.S. § 2, 1989)

If the nonconforming use of a building or structure ceases for a continuous period of six months, it shall be considered abandoned. Thereafter, the building or structure shall be used only in accordance with the regulations for the district in which it is located. However, the same or a more restricted use of all or a portion of such building or structure may be reestablished if a use permit is first secured.

(Ord. 1659 N.S. § 2, 1989)

A nonconforming use, building or structure damaged or destroyed by fire, explosion, earthquake or other catastrophic event may be reestablished or rebuilt to the condition or configuration of the use, building or structure that existed immediately prior to the event, provided the work shall be consistent

with applicable uniform codes, and provided the use is reestablished within one year or a building permit to reconstruct the building or structure is obtained within one year of the catastrophe. Should a nonconforming use, building or structure that is destroyed by catastrophe not be reestablished within a year or a building permit not be obtained within a year to reconstruct a building or structure so destroyed, the use, building or structure shall be considered abandoned and a use permit shall be obtained to restore or reconstruct the use, building or structure so destroyed. (Ord. 97-35 § 2, 1997)

Anything in this chapter to the contrary notwithstanding, the following shall regulate the maintenance, repair, alteration and improvement of nonconforming buildings and structures:

• (a) Ordinary Maintenance and Repair. Ordinary maintenance and repair of nonconforming buildings and structures shall be allowed.

"Ordinary maintenance and repair"

• shall mean improvements made to a building or structure for the purpose of keeping the structure in a state of repair and protecting the structure from failure or decline. The term shall also apply to the rehabilitation of a building or structure which is in disrepair for the purpose of making the building safe and sanitary in accordance with the city's housing quality standards. Further, interior improvements within existing walls, not resulting in additional habitable space, shall be permitted.

• (b) Foundations. The placement of a concrete foundation shall be considered ordinary maintenance and repair for single-family dwellings, including related accessory buildings, and for other buildings and structures identified in the city's historic resources inventory contained in the historic preservation element.

The placement of a concrete foundation under a nonconforming building or structure not referenced in the previous paragraph shall be permitted only if a use permit is first obtained.

• (c) Demolitions and Reconstruction Involving Nonconforming Buildings and Structures. The demolition and reconstruction of 25 percent or less of the floor area of a nonconforming building or structure and/or the demolition and reconstruction of 25 percent or less of the total lateral length of the exterior walls of a nonconforming building or structure shall be considered ordinary maintenance and repair.

The demolition and reconstruction of more than 25 percent of the floor area of a nonconforming building or structure and/or the demolition and reconstruction of more than 25 percent of the total lateral length of the exterior walls shall be permitted only if a use permit is first obtained.

• (d) Single-Family Dwellings. A single-family dwelling having nonconforming aspects may be improved, altered or repaired without the need of a use permit or variance so long as such improvement, alteration or repair will not result in expansion of any existing nonconformities or creation of any new nonconformities, provided:

  • (1) If more than 120 square feet of floor area are added by such improvement or alteration, a use permit shall be required if the resulting structure will have less off-street parking than required by the terms of this title.

  • (2) When a single-family residence has nonconforming setbacks, additions shall be permitted on the first floor while maintaining yards no less than existing yards, provided a use permit is secured.

• (e) Duplexes, Multifamily Dwellings, Nonresidential Uses. A duplex, multifamily dwelling, or nonresidential use having nonconforming aspects may be improved, altered or repaired without

the need of a use permit or variance so long as such improvement, alteration or repair will not result in an increase in floor area, expansion of any existing nonconformities or creation of any new nonconformities.

(Ord. 1659 N.S. § 2, 1989; Ord. 97-35 § 3, 1997; Ord. 00-15 § 1, 2000)