Chapter 18.65
NONCONFORMING (“GRANDFATHERED”) USES
Sections:
18.65.020 Applicability to existing lots.
18.65.010 General.
A. Any structure or use lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified.
B. The right to operate and maintain a nonconforming use shall terminate when the structure(s) housing such use are removed, razed or remodeled to the extent of 50 percent of the fair market value of the structure as determined by the last equalized assessment roll of the county, unless such condition was created as described in subsection (D) of this section.
C. When any lawful and nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not hereafter be changed to any nonconforming use.
D. Whenever a lawful nonconforming use of a building or structure has been damaged by fire, flood, explosion, earthquake, war, riot or act of God to an extent greater than 50 percent of its fair market value, as determined by the last equalized assessment roll of the county, it shall not be reconstructed, but such property shall revert to a conforming use.
E. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of three years, any future use of the building, structure or land shall be in conformity with the provisions of this title.
F. Normal maintenance of a building or structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs, provided such repairs do not enlarge or intensify the nonconforming use.
G. A lawful nonconforming use shall not be changed except in conformance with the use requirements of the zone in which it is located.
H. Alterations may be made to a structure or building containing lawful nonconforming residential units when they will improve the livability thereof, providing that the alterations will not increase the number of dwelling units.
I. An existing single-section manufactured home may be replaced with a single-section manufactured home provided the following conditions are met:
1. Home date of manufacture 25 years old or newer.
2. Site setbacks are met.
3. Home siding is not metal and is in like new condition.
4. All other conditions set forth in TTC 18.60.130 are met.
J. Applicability to Conditional Uses. Any use that the town may allow as a conditional use, existing at the time this title or any amendments thereto become effective, shall be considered a nonconforming use unless such use has been established as a conditional use as provided for in this title. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-5-1.]
18.65.020 Applicability to existing lots.
At the time of enactment of the ordinance codified in this title, if any lot or parcel does not conform to the dimensional requirements (minimum width, depth, or frontage) of the zoning district in which it is placed, it shall nonetheless be used as a building site. The dimensional requirements of the district in which the piece of land is located may be reduced by an amount proportionate to the amount that the lot is undersized. Any additional reduction in setback or area requirement shall be subject to the variance procedures as provided for in this title. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-5-2.]