Chapter 21.20
NONCONFORMITIES
Sections:
21.20.010 Buildable lot of record.
21.20.040 Recognition of legal nonconforming uses.
21.20.050 Buildings under construction.
21.20.060 Nonconforming buildings or structures.
21.20.070 Nonconforming land uses.
21.20.080 Nonconforming dwelling units.
21.20.010 Buildable lot of record.
An authorized use or structure may be erected on a vacant lot of record containing less area than required by the zone district in which it is located, provided setback requirements as well as other applicable dimensional standards of this title are met. (Ord. 2014-02, 1-28-14)
21.20.020 Continuance.
A. A nonconforming use, building or structure may be continued, provided it complies with Sections 21.20.060 and 21.20.070.
B. In order for a nonconforming use, building or structure to continue, it must have been lawfully established prior to the change in the zoning map or change in the zoning code that caused it to be a nonconforming use, building, or structure. (Ord. 2014-02, 1-28-14)
21.20.030 Discontinuance.
A. A nonconforming use shall be discontinued if it ceases to be used continuously for that particular use for twelve consecutive months.
B. A nonconforming building or structure shall be discontinued if it ceases to be used continuously for the purpose for which it was built for twelve consecutive months.
C. A nonconforming building or structure shall be discontinued if it is destroyed by fire or other cause, and rebuilding does not commence within twelve months. (Ord. 2014-02, 1-28-14)
21.20.040 Recognition of legal nonconforming uses.
The administrator may recognize a legal nonconforming use via the administrative review process. (Ord. 2014-02, 1-28-14)
21.20.050 Buildings under construction.
Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the adoption of the regulations contained in this title. (Ord. 2014-02, 1-28-14)
21.20.060 Nonconforming buildings or structures.
A nonconforming building or structure may be continued so long as the building or structure conforms to the following provisions:
A. A building or structure conforming as to use but nonconforming as to the setback and height provisions of the district in which said building or structure is located may be altered, repaired, or extended; provided, that the alteration does not further exceed or violate the appropriate setback and height provisions. (For example, a building or structure encroaching in a setback area shall not further encroach into the setback areas as a result of an alteration.) (Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part). Formerly 21.20.040)
21.20.070 Nonconforming land uses.
A nonconforming use of land may be continued so long as it conforms to the following provisions:
A. No such nonconforming use shall be enlarged, increased or extended to occupy a greater use than was occupied at the effective date of adoption of this title.
B. No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this title.
C. The use of land for agriculture, forestry or as pasture land which does not conform to the provisions of the zone district in which it is located shall be authorized to continue for such use.
D. A building or structure designed and built for, or devoted to, a nonconforming use at the time of adoption of this code may not be enlarged or structurally altered unless the use of such building or structure is changed to a conforming use, or to a more appropriate use, in accordance with this subsection.
E. Any building or structure and/or land combination in which a nonconforming use becomes an authorized use shall thereafter conform to the regulations for the zone in which such building or structure is located. (Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part). Formerly 21.20.020)
21.20.080 Nonconforming dwelling units.
A. Structural alterations of a dwelling unit necessary to comply with public health or safety issues, as determined by the administrator and building official, may be permitted without review.
B. Notwithstanding other provisions of this chapter, nonconforming dwelling units may be enlarged, replaced, or structurally altered when, at the discretion of the administrator, the following are satisfied:
1. The proposed enlargement or structural alteration will not result in additional dwelling units on the site;
2. The proposed enlargement or structural alterations will generally result in improvements to the subject property and character of the surrounding area;
3. In the case of enlargement, the enlarged portion of the dwelling unit conforms to the dimensional requirements of the zone.
C. Notwithstanding other provisions of this chapter, accessory uses to a nonconforming dwelling unit shall be allowable uses (i.e., a new garage, carport or tool shed). (Ord. 2014-02, 1-28-14)