Chapter 17.08


17.08.010    Conformity of buildings and land.

17.08.020    Minimum requirements.

17.08.030    Pre-existing legal lots of record in Brier.

17.08.040    Nonconforming uses.

17.08.050    Nonconforming structures.

17.08.060    Repealed.

17.08.010 Conformity of buildings and land.

No building, structure, or parcel of land shall be erected, altered, used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations specified in the text of this division for the zone in which the building, structure and land are located, as shown on map of this division. (Ord. 20.M § 4.1, 1991)

17.08.020 Minimum requirements.

In their interpretation and application, provisions of this code shall be held to be minimum requirements. Where this division imposes a greater restriction than is imposed or required by other rules and regulations or ordinances, the provision of this division shall control. (Ord. 20.M § 4.2, 1991)

17.08.030 Pre-existing legal lots of record in Brier.

An authorized use or structure may be constructed on a pre-existing legal lot which contains less area than required for the zone in which it is located, provided the front, side and rear yard setbacks as well as the maximum lot coverage, maximum building height and the parking requirements as established by this division are met. (Ord. 20.M § 4.3, 1991)

17.08.040 Nonconforming uses.

The lawful use of any building, structure or land existing at the time of the enactment of this division may be continued, although such use does not conform with the provision of this division, provided the following conditions are met:

A. Unsafe Structures. Nothing in this division shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

B. Alterations. No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this division shall be altered, enlarged, extended, reconstructed, replaced or structurally altered unless such use is changed to a use permitted by this division, provided, however, that work done in any period of twelve months for ordinary structural alterations, replacement of walls, fixtures, or plumbing wherein the total of such work does not exceed twenty-five percent of the assessed value of the building according to assessment thereof by the assessor of the county for the fiscal year in which such work is done shall be permitted, further provided that the usable space of the building shall not be increased.

C. Expansion. Nonconforming use shall not be expanded, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this division shall not be deemed the extension of such nonconforming use.

D. Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.

E. Discontinuance of Nonconforming Status. Use of a nonconforming building, structure or land remaining vacant for a continuous period of more than twelve months shall not be reinstituted. (Ord. 20.M § 5 – 5.5, 1991)

17.08.050 Nonconforming structures.

Where a structure exists at the effective date of adoption or amendment of the ordinance codified in this division that could not be built under the terms of this division by reason of restrictions on area, lot coverage, height, setbacks, or other characteristics of the structure, it may be continued so long as it remains otherwise lawful subject to the following provisions:

A. Alterations. No such structure may be enlarged or altered in a way which increases its degree of nonconformity.

B. Reconstruction. Should a nonresidential structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, in the judgment of the city’s building official, it shall not be reconstructed except in conformity with provision of this division. Otherwise it may be reconstructed to its original dimension and bulk with the level of nonconformity allowed by variance provided that there is no objection by the residents of the neighborhood. Single-family residential structures located in a single-family residential zoning district and in existence at the time of adoption of this code may be rebuilt after a fire or other disaster to their original dimensions and bulk.

C. Relocation. Should such structure be moved for any reason or any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

D. Discontinuance of Nonconforming Status. When a nonconforming building or structure is vacated or abandoned for twelve consecutive months, it may not be reoccupied until the building or structure is in conformance with the regulations of the zone in which it is located. (Ord. 20.M §§ 6 – 6.4, 1991)

17.08.060 Fence, gate, driveway entry, and hedge regulations.

Repealed by Ord. 442. (Ord. 20.W § 4, 2001: Ord. 20.M § 7.1, 1991)