Chapter 17.46
NONCONFORMING LOTS, USES AND STRUCTURES
Sections:
17.46.020 Nonconforming lots of record.
17.46.030 Nonconforming uses of land.
17.46.040 Nonconforming structures.
17.46.050 Nonconforming uses of structures.
17.46.060 Repairs and maintenance.
17.46.010 Intent.
A. Within the districts established by this title or amendments thereto there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated, or restricted under terms of this title or future amendment. It is the intent of this title to permit those nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
B. Nonconforming uses are declared by this title to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this title 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 effective date of adoption or amendment to the ordinance codified in this title and which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently. (Ord. 93 §1(23.1), 1982)
17.46.020 Nonconforming lots of record.
A. In any district, notwithstanding other limitations imposed by this title, structures permitted in the district may be erected on any single lot of record on the effective date of the ordinance codified in this title. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.
B. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of the ordinance codified in this title, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title. Where lots are larger than required by this title, the lots may be subdivided into smaller lots except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this title. (Ord. 93 §1(23.2), 1982)
17.46.030 Nonconforming uses of land.
Where at the time of passage of the ordinance codified in this title lawful use of land exists which would not be permitted by the regulations imposed by this title the use may be continued so long as it remains otherwise lawful, provided:
A. 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 title.
B. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.
C. If any such nonconforming use of land ceases for any reason for a period of more than twelve months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.
D. No additional nonconforming structure in connection with the requirements of this title shall be erected in connection with such nonconforming uses of land. (Ord. 93 §1 (23.3), 1982)
17.46.040 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restriction on lot area, lot coverage, height, yards, its location on the lot, or other 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 altered or enlarged in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
B. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than fifty percent of its replacement cost 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. (Ord. 93 §1(23.4), 1982)
17.46.050 Nonconforming uses of structures.
If lawful use of a structure, or of structures and premises exist at the effective date of adoption or amendment of the ordinance codified in this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful providing that:
A. No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered, unless the use is changed to a permitted use.
B. Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.
C. 1. Nonconforming use of buildings, structures, or premises may be changed to another nonconforming use, provided that a conditional use permit is obtained from town council. In determining whether or not to grant the conditional use permit the town council shall determine that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
2. In permitting such use, the town council may require appropriate conditions or safeguards.
D. Any structure, or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed.
E. Whenever a nonconforming use of a structure or a premises ceases for twelve months, the structure or premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term "ceases" as used in this subsection shall mean that the activity in question has not been in operation for a period of twelve months.
F. Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 93 §1(23.5), 1982)
17.46.060 Repairs and maintenance.
On any nonconforming structure or portion. of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of nonbearing walls, to an extent not exceeding ten percent of the replacement value of the building in any one year; provided, that such work does not increase the cubic content of the building. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 93 §1(23.6), 1982)
17.46.070 Conditional uses.
Conditional uses provided for under Chapter 17.32 of this title shall not be deemed a nonconforming use in the district in which it is permitted. (Ord. 93 §1(23.7), 1982)