Chapter 18.15
GENERAL PROVISIONS

Sections:

18.15.010    Interpretation of zone boundaries.

18.15.020    Application of zone regulations.

18.15.030    Nonconforming uses and structures.

18.15.010 Interpretation of zone boundaries.

Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply:

(a)    Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(b)    Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)    Boundaries indicated as approximately following borough limits shall be construed as following borough limits.

(d)    Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with such shoreline.

(e)    Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (d) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(f)    All areas within the corporate limit of the borough which are under water and are not shown as included within any zone shall be subject to all of the regulations of the zone which immediately adjoins the water area.

(g)    The zoning regulations shall apply equally to private and public property.

(h)    Property which has not been specifically included within a zone or land annexed to the borough shall be classified as FD until such classification is changed by amendment of the zoning ordinances as provided by law.

(i)    Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by subsections (a) through (e) of this section, the planning commission shall interpret the zone boundaries. [Ord. No. 1726, §1, 8-4-14.]

18.15.020 Application of zone regulations.

This title establishes minimum regulations within each zone that apply uniformly to each class or kind of structure or land, except as herein provided:

(a)    No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located.

(b)    No building or other structure shall hereafter be erected or altered:

(1)    To exceed the height;

(2)    To accommodate or house a greater number of families;

(3)    To occupy a greater percentage of lot area;

(4)    To have narrower or smaller rear yards, front yards, side yards or other open spaces; than herein required; or in any other manner contrary to the provisions of this title.

(c)    No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(d)    No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified in this title shall meet minimum requirements established by this title.

(e)    No person shall remove topsoil for sale, or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building or development on such premises and excavation or grading incidental thereto.

(f)    Wherever there is a conflict between this title and other chapters pertaining to the regulation of property within the borough, the most restrictive regulation shall apply.

(g)    Nothing in this section shall be construed to prevent the imposition of special limitations as defined in KGBC 18.05.200(t).

(h)    Mobile Buildings.

(1)    Except as provided for in KGBC 18.45.040 or on lands within the Mobile Building Unrestricted zone, as described in Chapter 18.40 KGBC, it is unlawful for any person to place, construct, maintain, or operate either mobile building parks, mobile building sales lots, travel trailer parks, mobile buildings on residential lots, as temporary dwelling units on construction sites, or as 24-hour watchman’s quarters on nonresidential lots, or to make a major alteration in mobile building parks, mobile building sales lots, or travel trailer parks unless a conditional use permit from the planning commission has been issued as specified in this chapter. A major alteration shall mean any alteration which affects any of the design requirements specified in this chapter or conditions attached to the existing conditional use permit. For the purposes of this title, the term “mobile building” shall mean both commercial and residential mobile buildings unless otherwise noted.

(2)    Mobile building parks, mobile building sales lots, travel trailer parks, mobile buildings on residential lots, as temporary shelters on construction lots, or as office, commercial or watchman’s quarters on nonresidential lots are subject to the provisions of this title, unless they held valid conditional use permits or existed prior to the enactment of Ordinance No. 7, effective May 17, 1965. Such mobile buildings and mobile building uses shall be subject to the regulations of the mobile building ordinance under which they were approved and the conditions and specifications of any conditional use permit applicable thereto. Any major alterations as defined under this section shall be subject to the requirements of this title.

(3)    Except as otherwise provided in this title, no mobile building or travel trailer shall stand in the open on any property for more than 10 days, nor shall a mobile building or travel trailer be used as a place of habitation or business for any period of time without first obtaining the necessary conditional use permits or zoning permits or being located in an approved mobile building park or travel trailer park, as specified by this title. Unoccupied travel trailers on residential lots are not subject to this title.

(4)    Conditional use permits shall not be required for mobile buildings on residential lots, as temporary shelters on construction sites, or as office, commercial or watchman’s quarters on nonresidential lots for those lots subject to MBU zone as described in Chapter 18.40 KGBC, nor for any buildings not defined as mobile buildings. Such buildings shall be subject to zoning permits as specified by KGBC 18.55.020.

(5)    Mobile buildings or travel trailers stored on industrial lots while in transit by a bona fide commercial shipper shall be subject to the requirements of the zone in which they are located, notwithstanding the provisions of the MBR zone as described in Chapter 18.40 KGBC, and are not required to obtain a conditional use permit; provided, that said mobile buildings or travel trailers shall not be occupied, nor shall they be connected to electrical systems, except for the purpose of maintaining the structure in its original factory condition while in transit, or to sewer or water systems, nor shall the storage area be used as a mobile building sales lot. [Ord. No. 1726, §1, 8-4-14.]

18.15.030 Nonconforming uses and structures.

(a)    Explanation. When a lot, structure or use legally exists prior to the date of adoption of this title or the date of adoption of an ordinance codified in this title but does not meet the requirements of this title, it is permitted to continue within the limits set forth in this chapter. Under such circumstances it is said to have nonconforming status. There are three types of nonconforming status:

(1)    Nonconforming Lots. The lot width or acreage is smaller than the minimum permitted in the zone in which it is located.

(2)    Nonconforming Structures. The structure fails to meet yard, coverage, height or other development requirements established for the zone in which it is located.

(3)    Nonconforming Uses of Land and/or Structures. The use to which land and/or structures is being put is not a principal, accessory or conditional use permitted in the zone in which it is located, and is not otherwise permitted in this title.

(b)    Intent. Within the zones established by this title and any future amendments, there exist lots, structures and uses of land and structures which were lawful before the date of adoption of this title or the date of adoption of an ordinance codified in this title, but which would be prohibited under the terms of this title or future amendments. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses in the zones involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded nor extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

(c)    Nonconforming Lots of Record. In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which lawfully existed prior to the date of adoption of this title or the date of adoption of an ordinance codified in this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the zone in which such lot is located. Variance of yard requirements and of other development requirements except as specified above shall be obtained only through action of the planning commission as provided in KGBC 18.55.040. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to the date of adoption of this title or the date of adoption of an ordinance codified in this title, and if all or part of the lots do not meet the requirements for lot width and area as established by this title, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this title, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this title.

(d)    Nonconforming Structures. Any structure lawfully existing prior to the date of adoption of this title or the date of adoption of an ordinance codified in this title which imposes conditions to which the structure does not conform, shall be subject to the following provisions:

(1)    A structure may not be enlarged or altered in any way which increases its nonconformity.

(2)    A structure which is destroyed or damaged through no fault of the owner to the extent that 80 percent or less of the structure’s value is lost may be repaired or reconstructed. A structure located on a lot or parcel containing less area than required by the minimum lot size required by the assigned zoning district destroyed or damaged through no fault of the owner up to the full value of the structure may be reconstructed. All necessary repair and reconstruction work must be commenced within one year of the date of damage or destruction. A zoning permit shall be issued within the one year period and the actual construction, including permanent installation of construction materials, shall be commenced and diligently continued to completion.

(3)    Movement of a nonconforming structure on a lot or parcel shall be sufficient to provide for conformity to the setback requirements of the zone in which it is newly located.

(e)    Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and premises in combination, exists prior to the date of adoption of this title or the date of adoption of an ordinance codified in this title which imposes conditions to which the use does not conform, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)    No existing structures devoted to a use not permitted by this title in the zone 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 zone in which it is located; provided, however, a structure devoted to a nonconforming residential use which is accidentally damaged or destroyed may be repaired or replaced subject to the conditions listed in subsection (d) of this section.

(2)    Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.

(3)    If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided, that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accord with the provisions of this title.

(4)    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 zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)    Except as provided in subsection (d) of this section, when a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months or more during any three year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.

(6)    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; provided, however, a structure devoted to a nonconforming residential use which is accidentally damaged or destroyed may be repaired or replaced subject to the conditions listed in subsection (d) of this section.

(f)    Nonconforming Use of Land. Where, at the effective date of this title or the date of adoption of an ordinance codified in this title, a lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)    No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this chapter.

(2)    No such nonconforming use shall be moved whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this chapter.

(3)    If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.

(g)    General Provisions.

(1)    Signs and Display Devices. A nonconforming use of a structure, nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the ordinance codified in this chapter by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved.

(2)    Construction Begun Prior to Passage. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the date of adoption of this title or the date of adoption of an ordinance codified in this title and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction; provided, that actual construction work shall be diligently carried on until the completion of the building involved.

(3)    Conditional Uses. Any use for which a conditional use permit is granted as provided in KGBC 18.55.050 shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such zone.

(4)    Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing, to an extent not exceeding 20 percent of the current replacement value of the building; provided, that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this chapter shall not be increased.

(h)    Exception to This Chapter, Outside Storage of Junked Vehicles and Junk or Wrecking Yards. Notwithstanding the provisions of this chapter, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in any zone other than an IH zone for more than six months after the date of adoption of this title or the date of adoption of an ordinance codified in this title. However, the planning and zoning commission may grant a conditional use permit under the procedure specified in KGBC 18.55.050 allowing said use to continue for a specified period of time if:

(1)    An eight-foot-high sight-obscuring fence of good appearance has been provided around said use.

(2)    The commission finds that, after the provision of said fence, the junked automobile or junk and wrecking yard is not detrimental to surrounding property and overall community values. [Ord. No. 1726, §1, 8-4-14.]