Chapter 17.24 NONCONFORMING USES, BUILDINGS AND LOTS | |||||||
17.24.010 Nonconforming uses.
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A. Carriage houses shall be regulated as follows:
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1. For purposes of this section, "carriage house" is defined as an accessory building of two stories originally constructed at or about the same time as the principal single-family dwelling.
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2. The occupancy and continued use of existing carriage houses in the single-family residential zones (R-1, R-2, and R-3) as one-family dwellings that existed prior to June 13, 1921 shall be permitted to be continued.
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The establishment or reestablishment of carriage houses as single-family residences shall be permitted in the R-1 and R-2 single-family residential zones as a conditional use subject to the following: | |||||||
a. The carriage house is on the same property as the original principal dwelling:
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b. Residential use of the carriage house shall not be permitted on the first floor;
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c. The minimum habitable floor area for conversions shall be five hundred square feet;
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d. The gross floor area of the carriage house shall not be expanded, except that dormers may be added to provide additional light, ventilation and access;
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e. At least four on-site parking spaces, two of which shall be enclosed, shall be, available for use by occupants of the carriage house and principal building.
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B. All other nonconforming uses shall be permitted as follows:
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1. Continuance. Any nonconforming use existing on June 13, 1921, the date of the passage of the ordinance codified in this title, may be continued and any structure or building devoted to a legal nonconforming use may be restored or repaired in the event of partial destruction by reason of windstorm, fire, explosion, act of God or act of the public enemy; provided, that said partial destruction does not exceed fifty percent of the fair value of the building or structure at the time of its partial destruction.
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2. Enlargement. No nonconforming use and no building or structure devoted to a nonconforming use shall be extended or enlarged.
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3. Alteration. No structural alteration or alterations shall be made in or to any building or structure devoted to a nonconforming use the cost of which shall exceed twenty-five percent of the fair value of the building or structure at the time of such alteration or alterations.
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4. Termination.
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a. No nonconforming use and no building or structure devoted to a nonconforming use shall, if once changed to a conforming use, be changed back again to a nonconforming use.
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b. A discontinuance of any nonconforming use of a building, structure, premises or lot for the period of one year or more shall terminate such use, and thereafter the building, structure, premises or lot shall be used only for a use permitted in its zone.
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c. An abandonment of a nonconforming use shall terminate the right of the nonconforming use. (Ord. 1265 § 1, 1995: Ord. 820 § 7.100, 1963)
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17.24.020 Nonconforming buildings and structures.
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A. Continuance. Any nonconforming building or structure existing on June 13, 1921, the date of the passage of the ordinance codified in this title, may be continued and any nonconforming building or structure devoted to a conforming use may be restored or repaired in the event of partial destruction by reason of windstorm, fire, explosion or act of God or act of the public enemy provided that said partial destruction does not exceed seventy-five percent of the fair value of the building or structure at the time of its partial destruction.
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B. Enlargement and Alteration. Any residential building or its accessory buildings in existence on November 12, 1963, nonconforming only because of location on the lot may be altered or added to provided that such alteration or addition conforms to the building height and the yard requirements for the lot and provided that the allowable building area is not exceeded. (Ord. 820 § 7.200, 1963)
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17.24.030 Nonconforming lots.
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A. One-Family Detached Dwellings Permitted. A one-family detached dwelling and permitted accessory buildings or structures shall be permitted on:
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1. A nonconforming lot in a residential zone separately owned on June 13, 1921, the date of the passage of the ordinance codified in this title, where the owner of said lot has not owned any property adjacent thereto; provided, however, that any dwelling and accessory buildings or structures built on any of the aforementioned lots conform to all the requirements for the zone.
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2. A lot located in the R-2 zone and constituting a lot of record on September 26, 1949, and on that date containing in the first one hundred feet back from the street lot line an area of not less than one-ninth of an acre and which lot has not subsequently been reduced in size; provided, however, that any dwelling and accessory buildings or structures built thereon conform to all requirements for the R-2 zone.
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B. Enlargement and Alteration. Where on November 12, 1963, there is a dwelling devoted to a conforming use on a nonconforming lot in a residential zone, said dwelling and its accessory buildings may be altered, added to or rebuilt and permitted accessory buildings may be constructed provided that such alteration, addition or new construction conforms to. the building, height and the yard requirements and provided that the allowable building area is not exceeded. (Ord. 820 7.300, 1963)
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