Chapter 17.20
NONCONFORMING USES AND STRUCTURES
Sections:
17.20.020 Nonconforming use of land.
17.20.030 Nonconforming structures.
17.20.010 Nonconforming lots.
A structure and its customary accessory buildings may be erected on any lot created before the effective date of the ordinance codified in this title. This provision shall apply even though such lot fails to meet the dimensional requirements of the underlying zoning district; provided, that such structure is allowed within that zoning district and that the structure must meet all the remaining setback and dimensional standards of the district. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 5(1), 1997)
17.20.020 Nonconforming use of land.
Where lawful use of the land exists on the effective date of the ordinance codified in this title, which is not permissible under the terms of this title, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such use shall be enlarged or increased, nor extended to occupy a greater area of land, dimensions or volume than was occupied at the effective date of the ordinance codified in this title without the issuance of a conditional use permit;
B. No such use shall be changed in any manner which will increase its nonconformity to the requirements of the zoning district in which it is located;
C. If a nonconforming use is discontinued or inactive for a period of one hundred eighty (180) days, it shall be deemed a discontinued nonconforming use. A discontinued nonconforming use cannot be reestablished. Further use of the property must conform to the provisions of this title.
(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 5(2), 1997)
17.20.030 Nonconforming structures.
Where a lawful structure exists on the effective date of the ordinance codified in this title, which structure could not be built under the terms of this title, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
A. No structure shall be enlarged or altered in a way which increases its area of nonconformity without the issuance of a zoning variance;
B. Nothing in this title shall require any change in plans, construction, alteration or designated use of a structure for which a valid building permit has been legally issued and construction commenced prior to the adoption of the ordinance codified in this title and subsequent amendments to this title, except that if the designated use will be nonconforming, it shall be discontinued if not in operation within two years of the date of issuance of the building permit;
C. Nothing in this title 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 and health upon the order of such official;
D. A nonconforming structure which is destroyed or damaged through accident or other cause not under the control of the owner may be rebuilt to its original dimensions; provided, that construction for such rebuild begins within one year of the date of the damage;
E. A nonconforming single-family residence may be replaced within the CBD, MU or I zoning districts within the setbacks and dimensional standards applicable to the R-3 zone unless a zoning variance is issued.
(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 5(3), 1997)