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City of Laramie i Unified Development Code Revised May 3, 2011 Chapter 15.22 CHAPTER 15.22: 15.22.000 General 15.22.000.A 15.22.000.B Authority to Continue 15.22.000.C Determination of Nonconformity Status 15.22.000.D Nonconformities Created Through Government 15.22.000.E Change of Ownership or Tenancy 15.22.000.F Maintenance and Minor 15.22.000.G Nonconforming Parking 15.22.010 Nonconforming 15.22.020 Nonconforming 15.22.020.A Nonconforming Use of 15.22.020.B Nonconforming Use of 15.22.030 Nonconforming 15.22.030.A Enlargement, Alteration, or 15.22.030.B Damage or 15.22.040 Nonconforming 15.22.050 Nonconforming Mobile Homes ---PAGE BREAK--- City of Laramie 1 Unified Development Code Revised May 3, 2011 Chapter 15.22 CHAPTER 15.22: NONCONFORMITIES 15.22.000 GENERAL PROVISIONS 15.22.000.A Purpose The purpose of this chapter is to regulate and restrict uses, structures, lots, and signs that were established legally prior to the effective date of this Code, that no longer conform to the requirements of this Code or future Code amendments. All such situations are collectively referred to in this chapter as “nonconformities.” While nonconformities may continue, this chapter is intended to curtail substantial investment in nonconformities and bring about their eventual elimination, in order to preserve and enhance the integrity of this Code and the character of the City. 15.22.000.B Authority to Continue 1. Generally Except as provided in this chapter, the lawful use and location of any structure or land existing at the time of enactment of the ordinance codified in this chapter may be continued even though the use or location does not conform to the requirements of this chapter. 2. Exception Due to Variances or Minor Modifications Notwithstanding subsection 15.22.00B.1 above, this chapter shall not apply to any development standard or feature that is the subject of a variance or minor administrative modification granted under this Code. Where a variance or minor modification has been granted that results in a development standard or feature that does not otherwise conform to the requirements of this Code, that development standard or feature shall be deemed conforming. 15.22.000.C Determination of Nonconformity Status In all cases, the burden of establishing the existence of a legal nonconformity shall be solely upon the owner of the nonconformity, not the City. 15.22.000.D Nonconformities Created Through Government Action If a structure, use of land, use of structure, or characteristic of use does not comply with the requirements of this Code solely as a result of an acquisition of land or other non-regulatory action by a government agency for a public purpose, then such structure, use of land, use of structure, or characteristic of use on land not acquired by the government shall be deemed conforming. 15.22.000.E Change of Ownership or Tenancy Changes of ownership, tenancy, or management of property with an existing nonconformity are permitted, but such nonconformities shall continue to be subject to the provisions of this chapter, except for mobile homes as set forth in Section 15.18.050 of this chapter. ---PAGE BREAK--- CHAPTER 15.22: Nonconformities 15.22.010 Nonconforming Lots 15.22.000.F Maintenance and Minor Repair City of Laramie 2 Unified Development Code Revised May 3, 2011 Chapter 15.22 15.22.000.F Maintenance and Minor Repair Minor repairs or maintenance of nonconformities that are required to keep structures or sites in a safe condition are permitted, provided that the minor repair or maintenance does not increase the extent of nonconformity. For purposes of this section, “maintenance or minor repair” shall mean: 1. Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building or structure; 2. Maintenance of land areas to protect against health and environmental hazards and promote the safety of surrounding land uses; and 3. Repairs that are required to remedy unsafe conditions that cause a threat to public safety. 15.22.000.G Nonconforming Parking Lots 1. Any existing parking lot that is being reconstructed is subject to subsection 15.06.060.O (Design Review) and compliance with Sections 15.14.040 (Parking and Off-Street Loading) and 15.14.050 (Landscaping and Screening Standards). For purposes of this subsection, the term “reconstruction” shall include removal of asphalt and/or base or replacement of drainage facilities that necessitate removal of asphalt and/or base; provided, however, that minor repairs or maintenance as specified in subsection 15.22.000.F shall not in and of themselves be deemed reconstruction. 2. Any existing parking lot shall be permitted to undergo refurbishment only, irrespective of the parking lot’s legal conforming or nonconforming status. For purposes of this subsection, “refurbishment” shall be defined as any of the following: a. Resurfacing over existing pavement, i.e., resurfacing that does not involve removal of pavement to the base layer; b. Sealing or resealing existing pavement; c. Restriping that does not change the number of parking spaces, ingress/egress locations or geometry, or interior vehicular circulation pattern. 3. Any existing parking lot that is proposed for repair or improvement that does not meet the criteria in either subsection 1 or subsection 2 above, shall be eligible for the minor modification procedures as specified in subsection 15.06.060.J (Minor Administrative Modifications). 15.22.010 NONCONFORMING LOTS Nonconforming Lots. Notwithstanding limitations imposed by other provisions of this Code, a nonconforming lot may be developed with a permitted use on any single lot of record at the effective date of adoption or amendment of this Code; provided, however, that the requirements specified in 15.12.010.A.1.a shall apply. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership (Ord. 1596 § 52, 2011). ---PAGE BREAK--- CHAPTER 15.22: Nonconformities 15.22.020 Nonconforming Uses 15.22.020.A Nonconforming Use of Structure City of Laramie 3 Unified Development Code Revised May 3, 2011 Chapter 15.22 15.22.020 NONCONFORMING USES 15.22.020.A Nonconforming Use of Structure If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 2. Any nonconforming use may be extended throughout parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such structure. 3. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed. 4. When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for eighteen (18) months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. 5. Where nonconforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the nonconforming status of the land. 6. A nonconforming use shall not be changed to a use of the same or less restrictive classification; a nonconforming use may, however, be changed to another use of a more restrictive classification. 15.22.020.B Nonconforming Use of Land Where, at the effective date of adoption or amendment of this Code, lawful uses of land exist that are no longer permissible under the terms of this Code as enacted or amended, such uses may be continued, so long as they remain otherwise lawful, subject to the following provision: 1. No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code. 2. No such nonconforming use shall be moved in whole or in part of any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Code. 3. If any such nonconforming use of land ceases for any reason for a period of more than eighteen (18) months, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located. ---PAGE BREAK--- CHAPTER 15.22: Nonconformities 15.22.030 Nonconforming Structures 15.22.030.A Enlargement, Alteration, or Movement City of Laramie 4 Unified Development Code Revised May 3, 2011 Chapter 15.22 15.22.030 NONCONFORMING STRUCTURES Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 15.22.030.A Enlargement, Alteration, or Movement 1. No such structure shall be enlarged or altered in a way that increases its nonconformity unless the structure is located in the DC district and the Planning Commission determines that changes made to the structure that increase conformance with district and development standards provide an offset to changes that increase the nonconformity. 2. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 15.22.030.B Damage or Destruction Where a nonconforming structure is damaged or destroyed in part or in whole, it may be repaired or restored, provided a building permit for such repair or restoration is obtained within eighteen (18) months. Expiration or abandonment of such building permit prior to completion shall have the effect of removing the structure’s legally nonconforming status. 15.22.040 NONCONFORMING SIGNS 15.22.040.A Refer to subsection 15.14.120.H, Nonconforming and Abandoned Signs, of this Title. (Ord. 1622 § 6-11, 2012). 15.22.050 NONCONFORMING MOBILE HOMES 15.22.050.A All nonconforming mobile homes existing and within the City upon the effective date of the ordinance codified in this section shall be brought into compliance on or before January 1, 2000; provided, however, that this provision shall not be applicable to nonconforming mobile homes used by the same person in occupancy from the date of adoption of this section, and the continued use of the nonconforming mobile home shall be permitted as long as the mobile home is used by the same person. (Ord. 954 § 3, 1989). 15.22.050.B Nonconforming mobile homes annexed after the effective date of the ordinance codified in this section shall be brought into compliance on or before five years after the date of their annexation. 15.22.050.C Ordinary repairs and maintenance of a nonconforming mobile home shall be permitted. ---PAGE BREAK--- CHAPTER 15.22: Nonconformities 15.22.050 Nonconforming Mobile Homes 15.22.040.A Refer to subsection 15.14.120.H, Nonconforming and Abandoned Signs, of this Title. (Ord. 1622 § 6-11, 2012). City of Laramie 5 Unified Development Code Revised May 3, 2011 Chapter 15.22 15.22.050.D Notwithstanding the required date of compliance, nonconforming mobile homes may not be replaced by other nonconforming mobile homes. 15.22.050.E A nonconforming mobile home shall not be moved to a new location, where such location is private property or leased property, within or into the City limits.