Chapter 16-92
REGULATION OF NONCONFORMITIES

Sections:

16-92-010    Purpose.

16-92-020    Nonconforming lots.

16-92-030    Nonconforming structures.

16-92-040    Nonconforming uses.

16-92-050    Repairs and maintenance.

16-92-010 Purpose.

A.    The purpose of the nonconforming use legislation is to provide for regulation of nonconforming structures, lots and uses which were lawful before the ordinance codified in this title. The intent of this chapter is to permit these nonconformities to continue until they are removed or discounted, but not to encourage their existence or expansion.

The ordinance codified in this title establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses substantially and adversely affect the orderly development and taxable value of other property in the district not to be permitted to continue without restrictions. (Ord. 2286 § 28.0, 1982)

16-92-020 Nonconforming lots.

A.    In any district in which single dwelling unit residential uses are permitted, the dwelling unit and accessory structures may be erected on any nonconforming lot when approved by the zoning board of appeals.

B.    Nonconforming lots may be built on when two parcels of land, either of which has adequate area or dimension to qualify for a permitted use under the requirement of the use district in which they are located, are contiguous and held in one zoning lot.

C.    The width or area of a nonconforming lot shall not be reduced in a manner which diminishes compliances with this title, nor shall any division of any parcel be made which creates a lot width or area below the requirement stated in this title. (Ord. 2286 § 28.1, 1982)

16-92-030 Nonconforming structures.

Where a lawful structure existed at the effective date of the ordinance codified in this title that could not be built under this title by reason of restriction on area, lot coverage, height, yards, its location on the lot or other requirement concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.    A nonconforming structure may be enlarged or altered up to thirty (30) percent of original size if approval for such enlargement has been granted by the zoning board of appeals and all alterations are in compliance with the regulations of that district the nonconforming use is located in.

B.    If a nonconforming structure or portion of the structure is destroyed by any means to an extent of more than fifty (50) percent, it shall not be reconstructed except in conformity with the provisions of this title.

C.    If such damage to the nonconforming structure is less than fifty (50) percent of the cost of replacement at the time of its destruction, reconstruction shall begin within one year from the date of destruction and pursued to completion or the right to reconstruct as a nonconforming structure shall be forfeited.

D.    If a nonconforming structure is moved for any reason, it shall thereafter conform to the regulation for the district in which the structure is located after it is moved. (Ord. 2286 § 28.2, 1982)

16-92-040 Nonconforming uses.

Where at the effective date of the ordinance codified in this title, a lawful use of land exists which would not be permitted by this title, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.    No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of the ordinance codified in this title.

B.    A nonconforming use may be extended within the building containing a nonconforming use which was specifically arranged or designed for such use, but no such use shall be extended to occupy any land outside such building.

C.    No such nonconforming use shall be moved in whole or part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance codified in this title.

D.    When nonconforming use of a structure or structure and land in combination is discontinued for one year or more, the structure or structure and land in combination shall not thereafter be used except in conformity with the regulation of the district in which it is located. (Ord. 2286 § 28.3, 1982)

16-92-050 Repairs and maintenance.

A.    Subject to other provisions of this title, any nonconforming structure or portion of a structure containing a nonconforming use may be maintained or repaired, provided that the nonconformities shall not be increased.

B.    If a nonconforming structure or portion of a structure containing a nonconforming use is declared by the department of planning to be unsafe or unlawful by reason of physical condition, such structure may be restored, repaired or rebuilt with not more than the nonconformities existing at the time of said declaration, providing that such restoration, repair or rebuilding shall be started within three months and completed within nine months of said declaration. Otherwise, such structure may be restored, repaired or rebuilt only in conformity with the regulations of the district in which it is located. (Ord. 2286 § 28.4, 1982)