Chapter 18.156
EXCEPTIONS
Sections:
18.156.010 Nonconforming uses.
18.156.020 General exceptions to lot size requirements.
18.156.030 Lot exceptions, special.
18.156.040 Nonconforming lots of record.
18.156.060 General exceptions to yard requirements.
18.156.070 Exception to building height limitations.
18.156.010 Nonconforming uses.
(1) A nonconforming use or structure may be authorized to expand or alter by the planning commission based upon the following criteria:
(a) The nonconforming use or structure will not cause a greater deviation from the applicable standards of this title.
(b) The expanded use or altered structure will not result in a greater adverse impact to the neighborhood.
The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of the ordinance codified in this title is not an enlargement or expansion of a nonconforming use.
(2) If a nonconforming use is discontinued for a period of one year, further use of the property shall conform to this title.
(3) If a nonconforming use is replaced by another use, the new use shall conform to this title.
(4) If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of its fair market value as indicated by the records of the county assessor and is not returned to use and in actual operating condition within one year from the date of destruction, a future structure or use on the site shall conform to this title.
(5) Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a building permit has been issued by the county and construction has commenced prior to the adoption of the ordinance codified in this title provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit is issued.
(6) A single-family dwelling may be constructed in any platted subdivision in a zone, which allows a residential type use. (Ord. 18 § 5.010, 2003)
18.156.020 General exceptions to lot size requirements.
(1) If a lot or the aggregate of contiguous lots held in a single ownership, as recorded in the office of the county clerk at the time of the passage of the ordinance codified in this title, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone; provided, that if there is an area deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the density requirement of the zone.
(2) Any parcel of land or portion thereof which is to be dedicated to a public or semipublic entity for a road, canal, railroad, utility or other public use shall be exempt from the minimum lot size requirements set forth by this title.
(3) Whereas land sections in the county are affected by survey adjustments, minimum requirements relative to lot sizes where applicable shall be considered as standard metes and bounds land section divisions; i.e., 160, 80, 40, 20, etc.; lot sizes, therefore, may be reasonably smaller than set forth by this title if a total section acreage reduction is due to a survey adjustment or other manmade barriers over which the applicant has had no control. (Ord. 18 § 5.020, 2003)
18.156.030 Lot exceptions, special.
In any zone, the stated minimum lot area for residential purposes may be abolished by ruling of the planning commission; provided, that it is replaced by a maximum gross density of equal restrictiveness. For example, given an undeveloped five-acre parcel in a suburban residential zone, whether or not subdivided or under one ownership, the planning commission may rule on a request that, instead of five houses on one-acre lots, there may be a cluster of five houses on a small plot of ground and the remainder of the five acres shall be kept undeveloped and shall not be redivided for sale or building development. (Ord. 18 § 5.030, 2003)
18.156.040 Nonconforming lots of record.
Any lot which is smaller than the minimum area required in any zone may be occupied by an allowed use in that zone; provided, that:
(1) The lot was a lot in a duly platted and recorded subdivision on or before the date of the ordinance codified in this title, or was a parcel created by an approved land partitioning prior to such date.
(2) The use conforms to all other requirements of that zone.
(3) If there is an area deficiency, residential use shall be limited to a single dwelling unit.
(4) Approval of the county health department is obtained as applicable.
(5) If the parcel is within an EFU zone, the residential use must meet all the applicable nonfarm criteria as provided for in this title. (Ord. 18 § 5.040, 2003)
18.156.050 Divided tax lots.
A single tax lot of record may be considered as a divided parcel for the purposes of this title if it is effectively subdivided by a perennial stream, major irrigation canal, railroad or topographic feature, or by a county, state or federal road. No right-of-way width less than 50 feet shall constitute an effective subdivision. (Ord. 18 § 5.050, 2003)
18.156.060 General exceptions to yard requirements.
The following exceptions to yard requirements are authorized for a lot in any zone:
(1) If there are buildings on both abutting lots, which are within 100 feet of the intervening lot, and the buildings have front yards of less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots.
(2) Architectural features such as cornices, eaves, sunshades, gutters, chimneys and flues may project into a required yard. Also steps, terraces, platforms and porches having no roof covering and fences not interfering with the vision clearance requirements may occupy a yard. Signs conforming to the requirements of this title and all other applicable ordinances shall be permitted in required yards.
(3) Canopies. The yard between a canopy and any lot line shall be a minimum of 10 feet, except that a smaller setback may be permitted if specifically allowed in a given zone. (Ord. 18 § 5.060, 2003)
18.156.070 Exception to building height limitations.
The following types of structures or structural parts are not subject to the building height limitations of this title, provided that the applicable land use permit, if any, is obtained: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, noncommercial wind energy systems utilizing a tower, meteorological towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, elevator shafts and other similar projections. This exception does not apply to an airport approach zone. (Ord. 245 § 1, 2011; Ord. 229 § 1 (Exh. A), 2010; Ord. 18 § 5.070, 2003)