Chapter 17.36
NONCONFORMING USES*
Sections:
17.36.030 Abatement or termination.
17.36.050 Nonconforming lots discontinuance.
17.36.060 Loss or damage to nonconforming structure.
17.36.070 Alteration, expansion, or replacement of a nonconforming structure/use.
17.36.080 Repairs, maintenance and safety of nonconforming structure.
17.36.090 Moving a nonconforming structure.
17.36.100 Changes of nonconforming use.
17.36.110 Abatement—Public health and safety.
* Prior ordinance history: Ord. 253 Art. 5.
17.36.010 Definitions.
As used in this chapter:
“Established” means that a structure or use conformed to applicable zoning regulations at the time the structure was built or a use or building permit has been granted and had not expired.
“Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located.
“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use of the zone in which it is located. (Ord. 574 § 1 (part), 1994)
17.36.020 Purpose and intent
Recognizing that land, structures and uses of land and structures which do not conform to the provisions of this title can become nuisances, can disrupt the orderly development of the city, and can create unsafe, hazardous and unhealthful conditions the city declares that all nonconforming structures and uses shall be terminated as provided in this chapter. (Ord. 574 § 1 (part), 1994)
17.36.030 Abatement or termination.
A nonconforming use or structure which has been abandoned, discontinued or terminated for a continuous period of twelve months for any reason shall not be resumed. (Ord. 574 § 1 (part), 1994)
17.36.040 Nonconforming lots.
A lot which is nonconforming as to size or shape may be continued if it does not adjoin a lot which has no structure upon it and which is under the same ownership. All uses of the nonconforming lot shall comply with all other provisions of this title. (Ord. 574 § 1 (part), 1994)
17.36.050 Nonconforming lots discontinuance.
A nonconforming lot shall be discontinued if:
A. A nonconforming lot adjoins another unimproved lot under the same ownership. Such lots shall be merged by a lot line adjustment; or
B. A nonconforming lot adjoins more than one unimproved lot all under the same ownership. Such nonconforming lot shall be merged into the least number of lots which most nearly meets the requirements of this title. (Ord. 574 § 1 (part), 1994)
17.36.060 Loss or damage to nonconforming structure.
A. A nonresidential use nonconforming structure which has been destroyed, damaged or that has incurred a loss equal to or greater than seventy-five percent of its assessed or appraised value, whichever is greater, shall thereafter conform to the provisions of this title.
B. A residential use nonconforming structure destroyed, damaged or that has incurred a loss may be reconstructed on the same site.
C. Any nonconforming structure damaged or destroyed may be repaired and/or rebuilt on the same site pursuant to the authorizations set forth in subsection A or B of this section, as applicable; provided, that the building permit is obtained for the reconstruction within twelve months following the damage or destruction and the construction is completed within twenty-four months of the issuance of the building permit. If the provisions of this subsection are not met, the use of the nonconforming structure shall be deemed terminated and only permitted structures and uses may be thereafter constructed and occupied on the site. (Ord. 910 § 3, 2019: Ord. 574 § 1 (part), 1994)
17.36.070 Alteration, expansion, or replacement of a nonconforming structure/use.
A. The alteration, expansion, or replacement of a nonresidential use nonconforming structure is prohibited unless it does not enlarge or increase the degree of nonconformity of the structure and does not enlarge the area of occupancy of a nonconforming use, unless a conditional use permit is granted in accordance with subsection B of this section.
B. The city council may grant a conditional use permit for the alteration, expansion or replacement of a nonresidential use nonconforming structure/use only after finding that all of the following criteria have been met:
1. The structure, because of its particular design, and current and historical use, cannot be reasonably used to house a permitted use;
2. The proposed expansion will be consistent with and necessary to the continuation of the existing nonconforming use;
3. Adjacent property owners will not be negatively affected by the expansion;
4. The proposed expansion makes a positive contribution to the health, safety, and welfare of the city of Brewster.
C. A residential use nonconforming structure may be altered, expanded or replaced on the same site. (Ord. 910 § 4, 2019: Ord. 668 § 6, 1998)
17.36.080 Repairs, maintenance and safety of nonconforming structure.
Repairs and maintenance work may be undertaken on a nonconforming structure to the extent that such repair and maintenance does not exceed ten percent of the assessed value of the structure within a period of twelve consecutive months. Nothing shall prevent the city from requiring repair of any nonconforming structure to protect the public health and safety. Maintenance work and repair on a nonconforming structure shall conform to all revisions, modifications and amendments to the city building codes. (Ord. 574 § 1 (part), 1994)
17.36.090 Moving a nonconforming structure.
If a nonconforming structure is moved, it shall conform to the zoning regulations of the zone to which it is moved. (Ord. 574 § 1 (part), 1994)
17.36.100 Changes of nonconforming use.
A nonconforming use shall not be changed to another nonconforming use. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use. (Ord. 574 § 1 (part), 1994)
17.36.110 Abatement—Public health and safety.
Regardless of any provision in this title, any nonconforming use or structure found to present a risk of public health or safety may be ordered abated by the enforcement officer pursuant to the provisions of Chapter 8.16 of the Brewster Municipal Code, as the same exists now or may hereafter be amended. (Ord. 799 § 2, 2007: Ord. 574 § 1 (part), 1994)