Laserfiche WebLink
LAND USE <br />nonconforming area that was <br />previously not occupied either <br />vertically or horizontally, and <br />complies with all height, <br />setback, hardcover and lot <br />coverage requirements of the <br />district in which it is located. <br />2. That if the structure is <br />nonconforming only with <br />respect to substandard lot area <br />or width for the district in <br />which it is located, the expan- <br />sion shall meet all height, <br />setback, hardcover and lot <br />coverage requirements of the <br />district in which it is located. <br />3. That in cases where the lot <br />line setback of a structure is <br />less than 50 percent of the <br />required setback for that zoning <br />district, the city will require at <br />a minimum that applicant shall <br />make up the discrepancy by <br />enlarging the opposite required <br />yard depth to result in an <br />aggregate yard depth <br />equivalent to the combined <br />required yard. <br />b. Expansion of residential accessory <br />structures. Lawful, nonconforming <br />residential accessory buildings may <br />be expanded provided: <br />1. That the expansion does not <br />occupy any space within a <br />nonconforming area that was <br />previously not occupied either <br />vertically or horizontally, and <br />complies with all height, <br />setback, and hardcover and lot <br />coverage requirements of the <br />district in which it is located. <br />2. That if the accessory structure <br />is nonconforming only with <br />respect to substandard lot area <br />or width for the district in <br />which it is located, the expan- <br />sion shall meet all height, <br />§ 6.12.320 <br />setback, hardcover and lot <br />coverage requirements of the <br />district in which it is located. <br />3. That in cases where an acces- <br />sory structure encroaches upon <br />the lot line setback, the city <br />will require at a minimum that <br />the existing accessory structure <br />shall be modified so that it <br />becomes completely conform- <br />ing with respect to setbacks. <br />(4) Relocation. No nonconforming structure <br />shall be moved to another lot or to any <br />other part of the parcel of land upon <br />which the same was constructed at the <br />time of this section's adoption unless <br />such movement shall bring the <br />nonconformance into compliance with the <br />requirements of the zoning code. <br />(5) Prior permit. Any proposed structure <br />which will, under this section, become <br />nonconforming but for which a building <br />permit has been lawfully granted not <br />more than six months prior to the effec- <br />tive date of the ordinance from which <br />this section is derived, may be completed <br />in accordance with the approved plans; <br />provided construction is started within <br />six months of the effective date of the <br />ordinance from which this section is <br />derived, and continues to completion <br />within two years. Such structure shall <br />thereafter be a legally existing <br />nonconforming structure. <br />(Code 2003, § 78-71; Ord. No. 33(3rd series), § 1, <br />2-27-2006; Ord. No. 85(3rd series), § 1, 2-14- <br />2011; Ord. No. 154(3rd series), § 1, 8-10-2015) <br />Sec. 6.12.320. Lots of record. <br />(a) A lot of record is any lot for which a deed <br />or registered land survey has been recorded in <br />the office of the register of deeds or the registrar <br />of titles for the county prior to January 1, 1975, <br />and after approval by the council if required. <br />(b) A lot of record located within an R <br />(Residential) or RR (Rural Residential) district <br />but not within the SD Shoreland Overlay District, <br />RS Seasonal Recreational District, or any of the <br />CD6:37 <br />