Public Hearings 14.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 02/14/2012
- Title:
- Proposed Amendments to Section 2003 of the Zoning Regulations Pertaining to Legal Nonconformances
- Submitted By:
- Mike Turisk, Community Development
- Department:
- Community Development
- Division:
- Planning
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Michael Turisk
TITLE
of PRESENTER:
of PRESENTER:
Interim Planning Director
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Adopt Zoning Ordinance 12-04 to approve Docket R-11-09, amending Section 2003 of the Cochise County Zoning Regulations pertaining to identifying or verifying Legal Nonconformances or "grandfathered" uses.
Background:
Per Section 2003 of the Zoning Regulations, a legal, nonconformance is any use of land, lot or parcel, building or structure which lawfully existing either prior to January 1, 1975 (the date in which the Zoning Regulations took effect), or which was rendered nonconforming with respect to site development standards (e.g., minimum setbacks) as a result of amendments to the Zoning Regulations since that time. Legal nonconformances are otherwise commonly known as “grandfathered” uses.
Furthermore, per Section 2003:
In the event a nonconforming use of land, building or structure is changed to a permitted use, or is discontinued for a period of 12 consecutive months, any future use is required to comply with all requirements of the Zoning Regulations.
Staff has proposed increasing the maximum discontinuance period from 12 months as noted above, to 36 months, or such time as the Board may determine. Doing so would allow a larger window of opportunity for legal nonconforming activities which have ceased to resume as before so long as the discontinuance period is not more than 36 months. A change of use, however, would continue to be required to meet current minimum site development standards.
This larger window would conceivably allow more legal nonconforming uses to continue without having to comply with an array of sometimes difficult regulations.
In addition, Section 2003.02 of the Zoning Regulations states:
Any use of land, lot or parcel, building or structure, lawfully existing either prior to January 1, 1975, or rendered nonconforming as a result of subsequent amendments to these regulations, may be continued even though such use does not now conform with these Regulations.
Currently, in order to demonstrate or prove the legitimacy of a legal non-conformance, the Zoning Regulations require evidence that the land, lot or parcel, building or structure existed prior to January 1, 1975, over 37 years ago. Since it is typically very difficult for property owners and staff to locate and produce viable evidence of use prior to that date, staff has proposed amending this requirement to allow the use based on the best available historical evidence. However, in all cases, such evidence must suggest the use existed at least 10 years prior to the date of the determination of nonconformance (or such time as the Board may determine).
PROPOSED TEXT AMENDMENTS
The proposed text amendments to the relevant portions of Section 2003 are in boldface (please note attached staff memo):
2003.02 Continuing Existing Uses
A. Any use of land, lot or parcel, building or structure, lawfully existing either prior to January 1, 1975, or rendered nonconforming as a result of subsequent amendments to these regulations, may be continued even though such use does not now conform with these Regulations. It is often difficult for owners and the County to find and produce evidence of use prior to January 1, 1975. Accordingly, for purposes of determining use under this subsection, the use prior to January 1, 1975 may be inferred from the best available historical evidence, [but in all events any such evidence must demonstrate or suggest the use at least ten (10) years prior to the date of the determination of nonconforming use].
B. Nothing herein shall be construed to prevent the continued use or reasonable repair or alteration of a nonconforming structure or use for the purpose used at the time such use became nonconforming.
2003.03 Discontinuance of Nonconforming Uses
A. In the event that a nonconforming use of land, building or structure is changed to a permitted use, or is discontinued for a period of 12 36 consecutive months as a result of conduct within the control of or attributable to the property owner, any future use thereof shall be in conformity with these Regulations.
Planning and Zoning Commission
On December 14, 2011, the Planning and Zoning Commission voted unanimously to forward a recommendation of approval of the proposed Zoning Regulation amendments to the Board of Supervisors.
Furthermore, per Section 2003:
In the event a nonconforming use of land, building or structure is changed to a permitted use, or is discontinued for a period of 12 consecutive months, any future use is required to comply with all requirements of the Zoning Regulations.
Staff has proposed increasing the maximum discontinuance period from 12 months as noted above, to 36 months, or such time as the Board may determine. Doing so would allow a larger window of opportunity for legal nonconforming activities which have ceased to resume as before so long as the discontinuance period is not more than 36 months. A change of use, however, would continue to be required to meet current minimum site development standards.
This larger window would conceivably allow more legal nonconforming uses to continue without having to comply with an array of sometimes difficult regulations.
In addition, Section 2003.02 of the Zoning Regulations states:
Any use of land, lot or parcel, building or structure, lawfully existing either prior to January 1, 1975, or rendered nonconforming as a result of subsequent amendments to these regulations, may be continued even though such use does not now conform with these Regulations.
Currently, in order to demonstrate or prove the legitimacy of a legal non-conformance, the Zoning Regulations require evidence that the land, lot or parcel, building or structure existed prior to January 1, 1975, over 37 years ago. Since it is typically very difficult for property owners and staff to locate and produce viable evidence of use prior to that date, staff has proposed amending this requirement to allow the use based on the best available historical evidence. However, in all cases, such evidence must suggest the use existed at least 10 years prior to the date of the determination of nonconformance (or such time as the Board may determine).
PROPOSED TEXT AMENDMENTS
The proposed text amendments to the relevant portions of Section 2003 are in boldface (please note attached staff memo):
2003.02 Continuing Existing Uses
A. Any use of land, lot or parcel, building or structure, lawfully existing either prior to January 1, 1975, or rendered nonconforming as a result of subsequent amendments to these regulations, may be continued even though such use does not now conform with these Regulations. It is often difficult for owners and the County to find and produce evidence of use prior to January 1, 1975. Accordingly, for purposes of determining use under this subsection, the use prior to January 1, 1975 may be inferred from the best available historical evidence, [but in all events any such evidence must demonstrate or suggest the use at least ten (10) years prior to the date of the determination of nonconforming use].
B. Nothing herein shall be construed to prevent the continued use or reasonable repair or alteration of a nonconforming structure or use for the purpose used at the time such use became nonconforming.
2003.03 Discontinuance of Nonconforming Uses
A. In the event that a nonconforming use of land, building or structure is changed to a permitted use, or is discontinued for a period of 12 36 consecutive months as a result of conduct within the control of or attributable to the property owner, any future use thereof shall be in conformity with these Regulations.
Planning and Zoning Commission
On December 14, 2011, the Planning and Zoning Commission voted unanimously to forward a recommendation of approval of the proposed Zoning Regulation amendments to the Board of Supervisors.
Department's Next Steps (if approved):
If the Board of Supervisors approves Docket R-11-09, Community Development Department staff will amend the County's Zoning Regulations pertaining to identifying or verifying Legal Nonconformances.
Impact of NOT Approving/Alternatives:
If the Board of Supervisors denies the amendments, the County's current standards for identifying or verifying Legal Nonconformances would remain the same.
To BOS Staff: Document Disposition/Follow-Up:
If approved, the Zoning Ordinance is to be signed by the Chairman of the Board and the Clerk of the Board. Please send a signed copy of the Zoning Ordinance to Michael Turisk.