Castle Rock City Zoning Code
CHAPTER 17
55 NONCONFORMING LOTS
§ 17.55.010 Development on nonconforming lots – General.
A.
The city recognizes that there are lots which were lawful at the time of their creation, but which now do not conform with the development regulations in effect. These nonconformities should eventually be converted to a conforming status.
B.
A party asserting the existence of a lawfully established nonconforming lot has the burden of proof that the lot was not substandard in meeting the development regulations in effect at its creation.
C.
A nonconforming lot may be developed and used in the same manner as a conforming lot; provided, that the lot development and use comply with applicable development regulations other than those involving lot area, lot width, or similar dimensional standards applicable to lots or a variance from applicable development regulations is granted; and provided, that development and use complies with Cowlitz County health department standards.
D.
Modifications to the area and/or dimensional standards of a nonconforming lot are allowed provided modification does not increase nonconformity or create a new nonconformity.
E.
A government agency may lawfully modify a lot in a manner that would result in nonconformity, if the modification is for the purpose of acquiring property for a public use or purpose, or is permitted otherwise by law.
F.
Where development will occur on two or more nonconforming lots, and particularly where a structure is proposed to be built across a property line, the nonconforming lots shall be consolidated into one lot following the requirements in Chapter 16.34 CRMC. No portion of said lot shall be used, altered or sold in any manner which diminishes compliance with lot area and width requirements, nor shall any division be made which creates a lot with a width or area below the requirements permitted by this title.
(Ord. 2024-03 § 4 (Exh. D), 2024)
§ 17.55.020 Residential use of nonconforming lots.
A.
Single-family dwellings and incidental uses established pursuant to subsection (A) of this section are permitted uses and are not nonconforming uses.
B.
Contiguous Lots Under Common Ownership.
1.
One or more contiguous nonconforming lots under common ownership may be used for one single-family dwelling plus incidental uses thereto if the development meets applicable development regulations for the zone in which they are located, other than those involving lot area, lot width, or similar dimensional standards, and Cowlitz County health department standards are met.
2.
Two or more contiguous nonconforming lots under common ownership may be used for up to two single-family dwellings plus incidental uses thereto if the development meets applicable development regulations for the zone in which they are located, other than those involving lot area, lot width, or similar dimensional standards, and Cowlitz County health department standards are met.
3.
Additional contiguous nonconforming lots owned by the same person may be used for additional building sites, one dwelling per building site if the additional building sites contain at least one acre or 50 percent of the lot area required for the zone in which such building sites are located, whichever is less and if the building sites meet applicable development regulations for the zone in which they are located, other than those involving lot area, lot width, or similar dimensional standards, and Cowlitz County health department standards are met.
C.
Corner Lots. Residential developments on nonconforming corner lots are exempt from the corner lot/side yard setback standards in residential zones but shall have a side yard not less than five feet in width on the sides of dwellings. Residential developments on substandard corner lots shall comply with CRMC § 17.48.030.
D.
Expansion of Nonconforming Structures on Nonconforming Lots. Existing nonconforming single-family dwellings on nonconforming lots may improve or expand the single-family dwelling and may improve, expand, or add incidental uses to the single-family dwelling; provided, that any improvements or additions meet applicable development regulations for the zone in which they are located, other than those involving lot area, lot width, or similar dimensional standards, and Cowlitz County health department standards are met.
(Ord. 2024-03 § 4 (Exh. D), 2024)