Fife City Zoning Code

The zoning districts established in this title are designed to encourage the development of desirable residential, commercial and industrial areas. In order to facilitate the development of desirable areas, nonconforming lots, structures and uses which adversely affect such areas must be subject to certain limitations. The limitations adopted are to provide a gradual remedy for existing undesirable conditions resulting from such nonconformities. It is the general intent of this title that nonconformities shall not be enlarged, expanded, or used as a means for adding other structures or uses prohibited elsewhere in the same district.

Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this title and upon which actual building construction has been carried on in a diligent manner. Actual construction is defined as the permanent installation of building materials associated with an approved building permit. Actual construction work shall be diligently carried on until the applicable structure is completed.

Where, at the effective date of adoption or amendment of the ordinance codified in this title, a lawful lot exists that is made nonconforming by such adoption or amendment, such lot may continue and be utilized so long as it remains lawful, subject to the following provisions:

Where, at the effective date of adoption or amendment of the ordinance codified in this title, a lawful use of land exists that is made nonconforming by such adoption or amendment, such use may be continued so long as it remains lawful, subject to the following provisions:

Where, at the effective date of adoption or amendment of the ordinance codified in this title, a lawful structure exists that is made nonconforming by such adoption or amendment, the structure may continue so long as it remains lawful subject to the following provisions:

A legal use which was in existence prior to the effective date of the ordinance codified in this title and which is classified as a conditional use within this title's applicable zoning district is not considered a nonconforming use. Such use shall be classified as an existing conditional use subject to the provisions of Chapter 19.88 FMC. An existing conditional use may not be expanded or increased in intensity without first obtaining a conditional use permit.

Any valid conditional use permit or variance granted prior to the effective date of the ordinance codified in this title shall be permitted to continue in accordance with such conditional use permit or variance.

A legal owner of record as of the effective date of the ordinance codified in this title may expand or increase the intensity of a nonconforming use by up to 20 percent of its existing size and intensity subject to the granting of a conditional use permit by the hearing examiner. The hearing examiner is granted the authority to require the subject use, lot and associated structures to be brought into compliance with the title regulations as much as practicable. Prior to approving the conditional use permit, the hearing examiner must be able to conclude that the applicant's proposal will result in improvements in exterior appearance, screening, access or other features which will better adapt the nonconforming use to existing FMC regulations and to uses and structures within the vicinity.

A nonconforming manufactured home may be replaced. The replacement of a nonconforming manufactured home outside of a manufactured home park must be in conformance with the designated manufactured home requirements identified in Chapter 19.68 FMC.

When a nonconforming use, structure or structure and lot in combination is vacated or abandoned for six consecutive months or for 18 months during any three-year period, the use, structure or structure and lot in combination shall thereafter be required to be in accordance with the regulations of the zoning district in which it is located.