Lacey City Zoning Code
16.93 Nonconforming
Uses
16.93.010 Intent.
Within the districts established by this title, there exist lots and structures which were lawful prior to the date of adoption of the ordinance codified in this title, but which would be prohibited, regulated, or restricted under the terms of this title. It is the intent of this chapter to permit these nonconformities to continue until they are removed. (Ord. 691 §45, 1984).
16.93.012 Nonconforming structures.
A. Nonconforming structures shall not be enlarged upon, expanded or extended in a manner which would increase the nonconforming aspects of said structure.
B. Relocation. Nonconforming structures shall not be relocated on the same site unless the move results in bringing the structure into closer conformance with the provisions of this chapter. (Ord. 691 §46, 1984).
16.93.014 Nonconforming uses.
A nonconforming use of a structure, or land, shall not be extended or enlarged after the effective date of the ordinance codified in this title, by attachment on a building or premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved. (Ord. 691 §47, 1984).
16.93.016 Nonconforming--Prior construction.
To avoid undue hardship, nothing in this title 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 date of adoption of the ordinance codified in this title, and upon which actual building construction has been carried on diligently. “Actual construction” is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition shall be deemed to be actual construction, provided that work shall be carried on diligently. (Ord. 691 §48, 1984).
16.93.020 Nonconforming lots of record.
A. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record prior to the date of adoption of the ordinance codified in this title, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
B. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the hearings examiner.
C. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to the date of adoption of the ordinance codified in this title, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title. (Ord. 583 §2.08(B), 1980).
16.93.030 Abandonment or discontinuance.
A nonconforming use shall be deemed abandoned by discontinuance or abandonment for a period of eighteen months, and any subsequent future use of such land or buildings shall be in conformity with the provisions of this title. (Ord. 583 §2.08(C), 1980).