Chapter 17.19

Other

• Abandonment grace period for repairs30 days

  There is a break in continuous operation, except for: (a) a closure of not more than thirty (30) days for purposes of repairs which do not change the nonconforming use; and for (b) the suspension of operations due to physical circumstances beyond the control of the use owner and use operator.

• Attic and basement conversion allowed without exception

  An addition of newly created habitable space in an attic or basement which is fully contained within the building envelope of any conforming or legally nonconforming single-family residential structure shall not require an exception or variance.

• Change of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use requires permit and hearing

  An existing nonconforming use may be changed if a permit is obtained from the Zoning Administrator after a duly noticed public hearing has been held under Chapter 17.36 if the use is located in a downtown zoning district or under Chapter 17.31 if the use is located in any other zoning district, except that a Class C use in a Type I space in the downtown commercial zoning district may not be changed.

• Minor structural nonconformities replacement

  Minor structural nonconformities (such as porch posts and eaves within a required setback) may, upon approval of the Zoning Administrator, be replaced, if such reconstruction is part of a maintenance project or is part of an addition or remodeling project, so long as the degree of nonconformity is not increased.

• Office uses in retail spaces termination

  An existing nonconforming Class C use in a Type I space in the downtown commercial zoning district shall terminate if it is abandoned, changed or determined to constitute a nuisance.

• Other nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses termination

  An existing nonconforming use other than a Class C use in a Type I space in the downtown commercial zoning district shall terminate if it is abandoned, determined to constitute a nuisance or changed without a permit required by subsection C of this section.

• Registration of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses30 days

  All existing legal nonconforming Class C uses in Type I space in the downtown commercial zoning district and legal nonconforming nonresidential uses in and near residential areas, whether zoned residential or not, shall be registered with the city within thirty (30) days of notification to register.

• Relocation permit for Class C uses

  A Class C use in a Type I space existing as of February 1, 2000, may apply for a relocation permit, to lessen the degree of nonconformity, subject to the provisions of this subsection.

• Renovation without exception

  The renovation of an existing structure without exterior changes or with changes only to windows and doors shall be permitted without the requirement of an exception or variance, even though the existing structure is nonconforming, so long as proof is made according to Planning Department requirements that the project meets the definition of a renovation, except that a change in a window or door to be located in a part of the structure that does not comply with current setback standards of this code shall require an exception if Zoning Administrator review is requested under Section 17.42.1(B) of this title by an affected neighbor.

• Maximum roof pitch change without full conformance6 ratio

  A change in roof pitch less than 6:12 is permitted without requiring the remainder of the structure to conform to the requirements of this title.

• Maximum addition floor area without exception1,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.

  The floor area of the addition is under one thousand five hundred (1,500) square feet;

• Maximum floor area of resulting home for small-structure addition exception3,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.

  The maximum floor area of the resulting home does not exceed three thousand (3,000) square feet;

• Neighborhood floor area ratioFloor area ratio (FAR)Total floor area divided by lot area — an FAR of 2.0 permits 20,000 sq ft of floor on a 10,000 sq ft lot. threshold for exception125 pct

  The floor area of the resulting structure is either: a. Less than one hundred twenty-five (125) percent of the average floor area in the neighborhood or, if the lot is less than the average lot size in the neighborhood, the lot area/floor area ratio of the resulting structure is less than one hundred twenty-five (125) percent of lot area/floor area ratio in the neighborhood, and b. The maximum floor area of the resulting home does not exceed three thousand (3,000) square feet;