Chapter 10.06
NONCONFORMITIES
Sections:
10.06.010 Nonconformities – Intent.
10.06.020 Nonconforming lots of record.
10.06.030 Nonconforming uses of land.
10.06.040 Nonconforming uses of structures.
10.06.050 Repairs and maintenance.
10.06.060 Cessation on nonconformities after one year.
10.06.010 Nonconformities – Intent.
A. Within the land use districts established by this title or any amendments that may later be adopted, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the effective date of the applicable regulations, but which would be prohibited, regulated or restricted under the terms of this chapter, or a future amendment thereof. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation.
B. Because nonconformities do not conform with regulations within given land use districts, they are declared by this chapter to be incompatible with uses in the districts involved. A nonconforming use of land or structure, or a nonconforming use of structures and land in combination, shall not be extended or enlarged after passage of this chapter by the addition of other uses of a nature which would be prohibited generally in the district involved.
C. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building actually under construction prior to the original effective date of adoption or amendment of this title, and upon which actual building construction has been carried out diligently. “Actual construction” is hereby defined as the placing of construction materials in a permanent location and fastened in a permanent manner or excavation or demolition or removal of an existing building preparatory to rebuilding or construction of a new building in conformance with an issued construction permit; provided, that the demolition work and/or excavation work has been carried out diligently. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VII)
10.06.020 Nonconforming lots of record.
In any district, notwithstanding limitations imposed by other provisions of the chapter, permitted principal uses and structures and customary accessory buildings may be erected on any lot which is of record at the effective date of the original adoption or amendment of applicable regulations. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are applicable in the district. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VII)
10.06.030 Nonconforming uses of land.
A. Where, at the time of the original passage of applicable regulations, a lawful use of land existed which would not be permitted by the regulations thereafter imposed by Chapter 10.03 HMC, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. A nonconforming use of the land shall not be extended, enlarged or 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 the ordinance codified in this chapter.
2. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this title for the zoning district in which such land is located. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VII)
10.06.040 Nonconforming uses of structures.
A. If a lawful use, involving individual buildings or structures, or structures and premises in combination, exists at the effective date of adoption or amendment of applicable regulations contained in this title that would not be allowed in the district under the terms of current regulations, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
2. Any nonconforming use may be extended throughout any parts of a building which are manifestly arranged or designed for such use at the time of adoption or amendment of applicable regulations, but no such use shall be extended to occupy any land outside of such buildings.
3. Any structure and premises in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the use regulations for the district, and the nonconforming use may not be resumed. “Destruction,” for the purposes of this subsection, is defined as damage to an extent of more than 50 percent of the replacement costs at the time of destruction.
4. A residential structure may be enlarged so long as the addition to the structure conforms to the requirements set forth in this chapter. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VII)
10.06.050 Repairs and maintenance.
Repairs may be made to any nonconforming structure, or a portion of a structure containing a nonconforming use, provided they are restricted to repairs or replacements of nonbearing walls, fixtures, wiring or plumbing. Nothing in this chapter 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. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VII)
10.06.060 Cessation on nonconformities after one year.
When nonconformity is discontinued or abandoned for one year, the premises of such use shall not thereafter be used except in conformity with the regulations of the district in which it is located. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VII)