Nonconforming Lots, Uses, Structures and Signs
Any use of a lot, structure or sign that existed immediately prior to the adoption of the zoning ordinance codified herein, which does not conform to the provisions of this Chapter at the time of adoption, shall be known as a nonconforming use, nonconforming lot, nonconforming structure or nonconforming sign.
(Prior code, § 12.14.010; Ord. No. 914, § 1, 2-9-2016)
(a)
Continuation of nonconforming use. A nonconforming use may be continued, but shall not be enlarged without approval by the Planning Commission.
(b)
Discontinuance of nonconforming use. If a nonconforming use is discontinued from a use for a period of six months, further use of the property shall be for a conforming use, unless the use is of a seasonal character; then a period of 12 months shall apply. Vacancy of a dwelling while the dwelling is listed with a real estate broker shall not constitute discontinuance of a nonconforming use.
(c)
Change of nonconforming use. If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the district and, after change, it shall not be changed back again to the original nonconforming use.
(Prior code, § 12.14.020; Ord. No. 809, 1-25-2005; Ord. No. 914, § 1, 2-9-2016)
(a)
Alteration or enlargement. A structure not conforming as to height, setback or coverage may be altered or enlarged, provided that the alteration or enlargement does not result in a violation of this Chapter.
(b)
Destruction of nonconforming structure or structure having nonconforming use.
(1)
If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire, flood, wind, explosion or other act to the extent exceeding 50 percent of the cost of replacement of the structure using new materials, a future structure or use on the property shall conform to the provisions of this Chapter. Where the destroyed structure contained a nonconforming use as a dwelling and where the nonconforming use had not been discontinued prior to the destruction, the replacement use may be as a dwelling.
(2)
If destruction is determine to be less than 50 percent, restoration must be started within 12 months of such calamity and completed within 24 months of initiating restoration.
(Prior code, § 12.14.030; Ord. No. 809, 1-25-2005; Ord. No. 914, § 1, 2-9-2016)
(a)
No structure shall be erected or enlarged on a nonconforming lot without approval of the Planning Commission.
(b)
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of the zoning ordinance codified herein, and part or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be considered, for the purpose of this Chapter, an undivided parcel. No portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this Chapter.
(Prior code, § 12.14.040; Ord. No. 914, § 1, 2-9-2016)
No sign may be enlarged or altered in such a manner as to increase its nonconformity; provided, however, that any sign or portion thereof may be altered to decrease its nonconformity.
(Prior code, § 12.14.050; Ord. No. 914, § 1, 2-9-2016)
Nothing contained in this Chapter shall require any change in the plans, construction alteration or designated use of a building for which construction work has commenced prior to the adoption of the zoning ordinance codified herein.
(Prior code, § 12.14.060; Ord. No. 914, § 1, 2-9-2016)
Nonconforming Lots, Uses, Structures and Signs
Any use of a lot, structure or sign that existed immediately prior to the adoption of the zoning ordinance codified herein, which does not conform to the provisions of this Chapter at the time of adoption, shall be known as a nonconforming use, nonconforming lot, nonconforming structure or nonconforming sign.
(Prior code, § 12.14.010; Ord. No. 914, § 1, 2-9-2016)
(a)
Continuation of nonconforming use. A nonconforming use may be continued, but shall not be enlarged without approval by the Planning Commission.
(b)
Discontinuance of nonconforming use. If a nonconforming use is discontinued from a use for a period of six months, further use of the property shall be for a conforming use, unless the use is of a seasonal character; then a period of 12 months shall apply. Vacancy of a dwelling while the dwelling is listed with a real estate broker shall not constitute discontinuance of a nonconforming use.
(c)
Change of nonconforming use. If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the district and, after change, it shall not be changed back again to the original nonconforming use.
(Prior code, § 12.14.020; Ord. No. 809, 1-25-2005; Ord. No. 914, § 1, 2-9-2016)
(a)
Alteration or enlargement. A structure not conforming as to height, setback or coverage may be altered or enlarged, provided that the alteration or enlargement does not result in a violation of this Chapter.
(b)
Destruction of nonconforming structure or structure having nonconforming use.
(1)
If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire, flood, wind, explosion or other act to the extent exceeding 50 percent of the cost of replacement of the structure using new materials, a future structure or use on the property shall conform to the provisions of this Chapter. Where the destroyed structure contained a nonconforming use as a dwelling and where the nonconforming use had not been discontinued prior to the destruction, the replacement use may be as a dwelling.
(2)
If destruction is determine to be less than 50 percent, restoration must be started within 12 months of such calamity and completed within 24 months of initiating restoration.
(Prior code, § 12.14.030; Ord. No. 809, 1-25-2005; Ord. No. 914, § 1, 2-9-2016)
(a)
No structure shall be erected or enlarged on a nonconforming lot without approval of the Planning Commission.
(b)
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of the zoning ordinance codified herein, and part or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be considered, for the purpose of this Chapter, an undivided parcel. No portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this Chapter.
(Prior code, § 12.14.040; Ord. No. 914, § 1, 2-9-2016)
No sign may be enlarged or altered in such a manner as to increase its nonconformity; provided, however, that any sign or portion thereof may be altered to decrease its nonconformity.
(Prior code, § 12.14.050; Ord. No. 914, § 1, 2-9-2016)
Nothing contained in this Chapter shall require any change in the plans, construction alteration or designated use of a building for which construction work has commenced prior to the adoption of the zoning ordinance codified herein.
(Prior code, § 12.14.060; Ord. No. 914, § 1, 2-9-2016)