KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

18.140.010 NONCONFORMING USESChapter 18.140NONCONFORMING USESSections:18.140.010 Explanation.18.140.020 Intent.18.140.030 Nonconforming lots of record.18.140.040 Nonconforming structures.18.140.050 Nonconforming uses of structures.18.140.060 Nonconforming use of land.18.140.070 General provisions.18.140.080 Exception to this chapter, outside storage of junked vehicles and junk or wrecking yards.18.140.010 Explanation.When a lot, structure or use legally exists prior to the adoption of the ordinance codified in this chapter but does notmeet the requirements of this title, it is permitted to continue within the limits set forth in this chapter. Under suchcircumstances it is said to have nonconforming status. There are three (3) types of nonconforming status:(a)(b)(c)Nonconforming Lots. The lot width or acreage is smaller than the minimum permitted in the zone in which itis located.Nonconforming Structures. The structure fails to meet yard, coverage, height or other development requirementsestablished for the zone in which it is located.Nonconforming Uses of Land and/or Structures. The use to which land and/or structures is being put is not aprincipal, accessory or conditional use permitted in the zone in which it is located, and is not otherwise permittedin this title. [Ord. No. 947, §§2, 3, 8-15-94; Ord. No. 498, §§1 – 4, 4-2-84. Code 1974 §60.10.020(a);Code 1969 §49.15.040.]18.140.020 Intent.Within the zones established by this title and any future amendments, there exist lots, structures and uses of landand structures which were lawful before the ordinance codified in this chapter was passed or amended, but whichwould be prohibited under the terms of this title or future amendments. It is the intent of this title to permit thesenonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared bythis title to be incompatible with permitted uses in the zones involved. It is further the intent of this title that nonconformitiesshall not be enlarged upon, expanded nor extended, nor be used as grounds for adding other structuresor uses prohibited elsewhere in the same zone. [Ord. No. 947, §§2, 3, 8-15-94; Ord. No. 498, §§1 – 4, 4-2-84. Code1974 §60.10.020(b); Code 1969 §49.15.040.]18.140.030 Nonconforming lots of record.In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisionsof this title, a single-family dwelling and customary accessory buildings may be erected on any single lot ofrecord at the effective date of adoption or amendment of this title. Such lot must be in separate ownership and notof continuous frontage with other lots in the same ownership. This provision shall apply even though such lot failsto meet the requirements for area or width, or both, that are generally applicable in the zone; provided, that yarddimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulationsfor the zone in which such lot is located. Variance of yard requirements and of other development requirementsexcept as specified above shall be obtained only through action of the planning commission as provided in Chapter18.150 KGBC. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in singleownership are of record at the time of passage or amendment of this title, and if all or part of the lots do not meetthe requirements for lot width and area as established by this title, the lands involved shall be considered to be anundivided parcel for the purposes of this title, and no portion of said parcel shall be used or sold which does notmeet lot width and area requirements established by this title, nor shall any division of the parcel be made which18-98