Chapter 17.100
NONCONFORMING USES,
LOTS, OR STRUCTURES

Sections:

17.100.010  Purpose.

17.100.020  Provisions for nonconforming uses.

17.100.030  Alteration of nonconforming uses.

17.100.040  Previously granted conditional use permits and variances.

17.100.050  Nonconforming lots.

17.100.010 Purpose.

The following guidelines are provided to regulate uses or structures which were lawfully established at the time this code was adopted but which do not conform to the requirements of this code. (Ord. 433 § 20.10, 1997)

17.100.020 Provisions for nonconforming uses.

(1) Any nonconforming structure or land use including but not limited to parking lots and fences may be continued subject to the following provisions:

(a) A pre-existing structure or use which is nonconforming may be continued and maintained and may be extended or expanded; provided, that no additional land is required, following the effective date of this code to accommodate said expansion or extension. This provision applies only to the specific use that exists on the date that this code is adopted.

(b) If a pre-existing, nonconforming use or structure is destroyed by any natural or accidental cause, said use or structure may be rebuilt within three years following destruction, devoted only to the use existing prior to destruction. If possible, the rebuilt structure shall conform to the setback standards of the zone in which it is located.

(2) The sale of any land, use or structure shall not modify or affect the rights to nonconforming uses, land or structures detailed within this chapter. (Ord. 433 § 20.20, 1997)

17.100.030 Alteration of nonconforming uses.

Any building or structure nonconforming as to use at the effective date of this code may be altered or repaired provided such alteration or repair shall not increase the existing degree of nonconformity as determined by the city planning director. (Ord. 433 § 20.30, 1997)

17.100.040 Previously granted conditional use permits and variances.

Any conditional use permit, or a variance granted under previous regulations, is hereby declared to be continued subject to any conditions and/or time limits specified in the original permit; provided, that if the particular use is not otherwise permitted by this code in the zone in which it is located, such established uses and improvements incident thereto shall be considered nonconforming, and shall be subject to the provisions of this section and chapter. (Ord. 433 § 20.40, 1997)

17.100.050 Nonconforming lots.

A lot (as determined in Chapter 17.10 FMC) which existed prior to the effective date of this code and which is nonconforming as to area, or dimension, as required by the districts where the lot is located shall be considered a legal building site provided:

(1) Such lot has at least 20 feet of frontage on a public street; or adequate easement to a public street;

(2) All other regulations for the district, and other rules and regulations of the city shall be satisfied. (Ord. 433 § 20.50, 1997)