Chapter 16.100
NONCONFORMING USES AND STRUCTURES
Sections:
16.100.020 Nonconforming uses.
16.100.030 Nonconforming structures.
16.100.010 Intent.
There may exist structures and uses of land which were lawful prior to the adoption or amendment of this chapter, but which are or have become prohibited, restricted or unlawful as a result of current provisions of this chapter. It is the intent of this section to permit these nonconformities to continue until they are removed, abandoned or more than 50 percent destroyed. It is further intended that nonconforming structures and uses shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the zone district. [Ord. 719 § 1, 2008. Code 1999 § 16‑3-8(1)].
16.100.020 Nonconforming uses.
Where, at the time of the adoption of this chapter or any amendment thereof, a lawful use of land existed which would not be permitted under current provisions of this chapter, the use may be continued so long as it remains otherwise lawful; subject, however, to all of the following:
(a) No nonconforming use shall be enlarged, increased or extended to occupy a greater area of land or percentage of a structure than was occupied at the effective date of the regulation causing the nonconformity.
(b) No 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 the regulation causing the nonconformity.
(c) Whenever a nonconforming use has been discontinued for any reason for a period of 180 days or more, regardless of any intent to resume such use, neither that nor any other nonconforming use shall thereafter be reestablished, and all subsequent uses of such land shall conform to the regulations specified by this chapter for the zone district in which such land is located.
(d) No nonconforming use shall be changed other than to a use permitted in the zoning district in which the use is located.
(e) A nonconforming use operating within a conforming structure shall not be continued if the structure is damaged by fire, elements or other calamity or means to an extent exceeding 50 percent of the structure’s replacement value. [Ord. 719 § 1, 2008. Code 1999 § 16‑3-8(2)].
16.100.030 Nonconforming structures.
Where a lawful structure which existed at the effective date of adoption or amendment of this chapter could not lawfully be built under current provisions of this chapter, such structure may continue to exist so long as it remains otherwise lawful; subject, however, to the following:
(a) No such nonconforming structure may be enlarged or altered in a way which increases the area or degree of its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(b) If a structure is moved or relocated for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone district to which it is moved or relocated.
(c) If a nonconforming structure is damaged by fire, elements or any other calamity or means to the extent of 50 percent or less of the nonconforming structure’s replacement value, the structure may be reconstructed or restored only if the restoration or reconstruction conforms to applicable provisions of the building code and such reconstruction or restoration is completed within one year of such damage.
(d) A nonconforming structure which has been damaged by fire, elements or other calamity or means in extent exceeding 50 percent of the structure’s replacement value may not be reconstructed or restored, except in conformance with all applicable provisions of this chapter and all applicable provisions of the building code in effect within the town. [Ord. 719 § 1, 2008. Code 1999 § 16‑3-8(3)].
16.100.040 Repairs and maintenance.
Ordinary repairs and maintenance of a nonconforming structure or sign shall be permitted in order to prevent deterioration of the structure or sign. [Ord. 719 § 1, 2008. Code 1999 § 16‑3-8(4)].
16.100.050 No cure of existing nonconformity.
Nothing in this section shall be interpreted or construed as authorizing or approving the continuance of a use or structure that is in violation of the zoning code in effect at the time of the effective date of the ordinance codified in this chapter. [Code 1999 § 16‑3-8(5)].