Chapter 17.52
NONCONFORMING USES
Sections:
17.52.030 Nonconforming lots of record.
17.52.040 Nonconforming structures.
17.52.050 Nonconforming uses of land.
17.52.060 Extension of nonconformity.
17.52.010 Generally.
Within the districts established by this title or by amendments that may be adopted, there may exist lots, structures, uses of land and structures and characteristics of uses which were lawful before January 17, 1983, but which would be prohibited, regulated or restricted under the terns of this chapter or amendment. It is the intent of this chapter to permit those nonconformities to continue until they are removed but not encourage their perpetuation. (Prior code § 30-47)
17.52.020 Prior construction.
No provision of this title shall be construed to require any change in plans, construction, alteration or designated use of a building for which a building permit has been issued prior to January 17, 1983; provided, that the construction has been diligently begun and prosecuted within one month of the date of permit issuance and is completed according to plans filed with the application for the building permit within one year of the date of issuance of the permit. (Prior code § 30-48)
17.52.030 Nonconforming lots of record.
A. Notwithstanding limitations imposed by other provisions of this title, a permitted principal use and accessory buildings may be erected on a single lot of record. Such a lot of record shall not have continuous frontage with more than one other such nonconforming lot of record in the same ownership. This section shall apply even though the lot fails to meet requirements for lot area, lot width or both. Variance of yard requirements shall be obtained only through the proper procedure as set forth within this chapter. Lots of record created prior to January 17, 1983, which do not conform to the minimum lot size standard in their respective zoning district by 25 percent or less shall be permitted to construct, reconstruct or replace a dwelling unit provided they meet all other zoning district requirements.
B. If three or more existing lots of record with continuous frontage are contained in a single ownership, the lands involved will be considered to be an undivided parcel and no portion shall be used or sold which does not meet the area and width requirements. Any such series or combination of land ownership shall be required to resubdivide the property in order to conform to the existing requirements. (Prior code § 30-49)
17.52.040 Nonconforming structures.
Whenever a lawful structure exists on January 17, 1983, or the date of an amendment of this title, that could not be built under the terms of this title by reason of height, lot coverage, area, yards, location on lot or other such requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:
A. No such nonconforming structure may be enlarged in such a way which increases its nonconformity but may be altered to decrease its nonconformity.
B. Should such structure be damaged to an extent of more than fifty percent of its assessed value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
C. 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. (Prior code § 30-50)
17.52.050 Nonconforming uses of land.
Where, on January 17, 1983, lawful uses of land existed that would not be permitted under the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful; provided, that:
A. No such nonconforming uses of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied on January 17, 1983.
B. No such nonconforming uses of land shall be moved, in whole or part, to any portion of land or lot or parcel other than that occupied on January 17, 1983.
C. If, for any reason whatsoever, the nonconforming use of land ceases for a period of twelve consecutive months or one year, any subsequent use of land shall conform to the regulations specified in this title for the district in which the land is located.
D. No additional structure not conforming to the requirements of this title shall be erected in connection with such a nonconforming use of land. (Prior code § 30-51)
17.52.060 Extension of nonconformity.
No nonconforming structure or use of land shall be allowed to be altered, expanded or moved unless the following procedure is followed:
A. For a nonconforming structure, a conditional use permit must be approved by the planning and zoning commission which may require appropriate conditions and safeguards to minimize adverse effects. This procedure would apply when one nonconforming use is wished to be changed for another equally nonconforming use. Any nonconforming use that is exchanged for a lawful use shall thereafter conform to the requirements of this title.
B. For a nonconforming use of land, no extension, alteration or moving shall be allowed unless a similar conditional use permit is approved by the planning and zoning commission. Such measures as sight-obscuring fences, buffer strips and limitations on building area shall be reviewed prior to the issuance of such permit. Any permit so granted shall not waive the fact that the use is still nonconforming and shall be subject to the terms and conditions set forth in this title. (Prior code § 30-52)