11-24-1997 Council Packet - Laserfiche WebLink

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Nevertheless, in the accepted context of zoning regulation, any action or object which does not conform to the current code is considered "non-conforming". Those objects which existed legally (i.e. were not considered to be illegal) before the code was adopted, are generally allowed to remain "as-is" until such time that they are converted, enlarged, reconstructed or altered...UNLESS the ordinance has a provision that such uses must disappear, usually after a reasonable amortization period. The hardcover ordinance has no such 'sunset' provision. If one were adopted, it would be difficult to require all properties to conform totally, since many would have to remove structure or necessary hardsurfaces such as driveways or sidewalks. Perhaps the most the City could reasonably expect might be conversion of all landscape beds to non-hardcover by a given date. This would require extensive staff time for inspections, and the benefits gained might not outweigh the ill will generated... It is difficult and sometimes impossible to determine when various items of hardcover were placed. The hardcover ordinance came into effect January 1, 1975. Hardcover existing continuously since that time is 'grandfathered', i.e. legal nonconforming. Any changes to it, however, are only legal if they meet the current code. In a case where hardcover exceeds the current code limits (and always when in the 0- 75' zone), replacement of old plastic with new plastic under decorative rock beds would be illegal. And in the same situation, placement of any additional plastic-lined rock beds would obviously be illegal. As noted in the section on structural/non-structural hardcover, the City Council has indicated that in variance requests, such hardcover placed without benefit ofa permit and which results in excesses of hardcover, must be removed and cannot be used as a 'trade-off. C. Effect of Prior Variance Approvals It is not unusual that structures or hardcover that were the subject of a past hardcover variance approval must be replaced due to deterioration. It has been City policy that a past hardcover variance approval grants legal-nonconforming status to the approved hardcover as long as it continuously exists. However, total replacement of a structure, even with no changes to its footprint, height or design triggers a new hardcover review and the likelihood that a new variance approval will be required. Further, any changes in the nature of previously approved hardcover