Everson City Zoning Code
CHAPTER 19
43 NONCONFORMING STRUCTURES AND USES
§ 19.43.010 Purpose.
A.
Where existing lots, structures and uses of land would be prohibited by the terms of the Everson zoning code or any subsequent amendment thereto, it is the intent of this chapter to permit such nonconformities to continue until they are removed. Such uses are declared to be incompatible with permitted uses in the zones involved.
B.
It is the further intent of this chapter that nonconformities shall not be enlarged, expanded or extended except by variance.
(Ord. 282 § 3, 1983)
§ 19.43.020 Nonconforming lots of record.
In any zone, any permitted use or structure and customary accessory buildings may be erected on any single lot of record on effective date of adoption of the Everson zoning code or any subsequent amendment thereof. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable to the zone; provided, that setback dimensions and other requirements not involving area or width of the lot shall conform to the regulations for the zone in which such lot is situated and other requirements and applicable regulations are complied with. The exemption provided in this section shall not be applicable where the owner of the affected lot also owns adjoining property where a combination of the two properties would meet the requirements for area or width or both. For the purposes of this section, the requirement for area generally applicable in each residential zone shall mean the minimum lot size for a single-family residence established for said zone. Furthermore, in residential zones, the exemption provided in this section shall allow development of one single-family residence per lot of record as a permitted use; provided, that development of a duplex shall require approval of a conditional use permit, and the exemption provided in this section shall not be applicable to development of residential structure containing more than two dwelling units.
(Ord. 282 § 3, 1983; Ord. 768 § 22, 2016)
§ 19.43.030 Nonconforming structures.
Where a lawful structure exists on the effective date of adoption of the Everson zoning code or any subsequent amendment thereof, that could not now be built by reason of restrictions on the area, lot coverage, height, yard or other characteristics of the structure or its location on the lot, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in any way which increases its nonconformity.
B.
Except as otherwise provided in this chapter, should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, in the judgment of the City Council, it shall be reconstructed only if in conformity with the provisions of the Everson zoning code.
C.
Should such structure be relocated or moved for any reason for any distance whatever, it shall thereafter conform to the regulations to the zone to which it is relocated or moved.
(Ord. 282 § 3, 1983; Ord. 608 § 1, 2003)
§ 19.43.040 Nonconforming structures – Residences in commercial zone.
A single-family dwelling situated in the commercial zoning district may, notwithstanding the provisions of EMC § 19.43.030(B), be rebuilt, rehabilitated or reconstructed following damage or destruction to the extent described therein, in a design and configuration of not more than the square footage of the damaged or destroyed structure and situated in the same location of the damaged or destroyed structure; provided, that such rebuilding, rehabilitation or reconstruction is commenced, and all necessary permits for the same obtained, within one year of the event causing such damage or destruction.
(Ord. 608 § 2, 2003)
