Peninsula City Zoning Code
CHAPTER 1121
Nonconformities
1121.01 NONCONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and customarily accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. 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. Variances of requirements listed in this Ordinance other than lot area or lot width shall be obtained only through action of the Board as provided in this Ordinance.
(Ord. 21-2020. Passed 12-14-20.)
1121.02 NONCONFORMING LOTS OF RECORD IN COMBINATION. (REPEALED)
(EDITOR’S NOTE: Former Section 1121.02 was repealed by Ordinance 98-2010, passed March 14, 2011.)
1121.03 NONCONFORMING STRUCTURES.
Any lawful nonconforming structure may be continued and maintained, provided there is no physical change other than necessary maintenance and repair of such structure except as permitted hereinafter. (Ord. 21-2020. Passed 12-14-20.)
1121.04 NONCONFORMING USES.
Any lawful nonconforming use of land may be continued, provided that such use of land shall not be expanded or extended either on the same or adjoining property, and provided further, that if such use or any portion thereof is discontinued or abandoned, any future use of such land shall be in conformity with the provisions of this Ordinance.
(Ord. 21-2020. Passed 12-14-20.)
1121.05 TERMINATION; RESTORATION.
In the event that a nonconforming use of land or structure is discontinued or abandoned, for a period of eighteen months or more, for any reason, the use of the same shall conform thereafter to the uses permitted in the district in which it is located. In the event that a nonconforming use of land or structure is discontinued or abandoned for less than eighteen months, the nonconforming use may be restored.
(Ord. 21-2020. Passed 12-14-20.)
1121.06 COMPLETION.
The adoption of this Ordinance shall not limit the construction of any structure for which a permit had been obtained, subject to the term limits of the permit issued for such purpose.
(Ord. 21-2020. Passed 12-14-20.)
1121.07 RECONSTRUCTION. (REPEALED)
(EDITOR’S NOTE: Former Section 1121.07 was repealed by Ordinance 04-2011-PC-A6, passed June 13, 2011.)
1121.08 EXTENSION.
A nonconforming use or structure may, as a conditional use, be enlarged, increased or extended beyond the area it occupied as of the effective date of this Ordinance, provided that the Board finds both of the following to be true:
(a) The enlargement will not interfere with conforming structures and the operation of conforming uses in the District or with circulation on adjacent public streets; and
(b) The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconformity.
(Ord. 21-2020. Passed 12-14-20.)
1121.09 SUBSTITUTION.
Any part of a structure or land occupied by a nonconforming use may be changed to a use of the same or a more restricted classification (subject to such permits as may be required for such use); but where the use of a nonconforming structure or land is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.
(Ord. 21-2020. Passed 12-14-20.)
1121.10 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership or management of an existing lawful nonconforming use, provided there is no change in the nature or character of such use.
(Ord. 21-2020. Passed 12-14-20.)
1121.11 REMOVAL OF NONCONFORMING USE OR STRUCTURE.
The Commission may, from time to time, recommend to the Council the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this Ordinance and recommend the removal of such use or structure in accordance with applicable laws and statutes.
(Ord. 21-2020. Passed 12-14-20.)
1121.12 NONCONFORMITIES DUE TO RECLASSIFICATION.
The foregoing provisions shall also apply to lots, structures, and uses which hereafter become nonconforming due to any reclassification of districts or zones under this Ordinance.
(Ord. 21-2020. Passed 12-14-20.)
1121.13 RECORD OF NONCONFORMING USES. (REPEALED)
(EDITOR’S NOTE: Former Section 1121.13 was repealed by Ordinance 79-2010, passed October 11, 2010.)