Chapter 17.28
NONCONFORMING USES, STRUCTURES AND PARCELS
Sections:
17.28.030 Restrictions on nonconforming structures and uses.
17.28.040 Off-street parking deficiency.
17.28.050 Residential exemptions.
17.28.060 Loss of nonconforming status.
17.28.070 Nonconforming parcel.
17.28.080 Nonconformity due to lack of conditional use permit.
17.28.010 Purpose.
(A) This Chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption or amendment of this Title, but which would be prohibited, regulated, or restricted differently under the current terms of this Title or an amendment that changed the applicable requirements.
(B) It is the intent of this Title to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this Chapter.
(C) This Chapter does not regulate nonconforming signs, which are instead subject to the requirements of PMC Chapter 17.88 (Signs). (Ord. 1603 § 4 (Exh. I), 2023)
17.28.020 Definitions.
“Nonconforming parcel” means a parcel that was legally created prior to the adoption of this Title, but does not comply with the current area, width, depth, or other applicable requirements of this Title.
“Nonconforming sign” means a sign that lawfully existed prior to the effective date of the ordinance codified in this Title, but does not comply with the current sign regulations of this Title.
“Nonconforming structure” means a structure that was legally constructed prior to the adoption of this Title, but does not comply with the current setback, height limit, off-street parking, and/or other applicable requirements of this Title.
“Nonconforming use” means a use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this Title, but does not conform to the current requirements within this Title for allowable land uses within the applicable zone. (Ord. 1603 § 4 (Exh. I), 2023)
17.28.030 Restrictions on nonconforming structures and uses.
(A) A nonconforming land use and the use of a nonconforming structure may be continued, including transfers of ownership; provided, that their continuation shall comply with the requirements of this Section. Refer to PMC § 17.28.050 (Residential exemptions) for exceptions regarding certain residential uses and structures.
(B) Nonconforming Use of Land.
(1) A nonconforming use of land may be continued; provided, that the use shall not be:
(a) Enlarged or extended to occupy a greater area of land or building floor area than it lawfully occupied before becoming nonconforming; or
(b) Intensified so that its hours of operation are extended, the number of on-site employees is increased, or the volume of traffic or noise levels generated by the use are increased.
(2) A nonconforming use of land may be replaced with a nonconforming use that is determined by the Director to be less intensive.
(C) Nonconforming Structure. A nonconforming structure may continue to be used as follows:
(1) Changes to or Expansion of a Structure. A nonconforming structure may be enlarged or extended to occupy a greater area of land or building floor area than it occupied before the effective date of the regulation that made it nonconforming; provided, that any expansion or addition complies with all applicable requirements of this Title.
(2) Nonconforming Parking. Refer to PMC § 17.28.040 (Off-street parking deficiency).
(3) Maintenance and Repair.
(a) A nonconforming single-family dwelling or duplex may be maintained and repaired at the discretion of the owner. A multifamily or nonresidential structure may be maintained and repaired; provided, that:
(i) No structural alterations occur other than those allowed by this Chapter; and
(ii) The cost of the work done during any 12-month period does not exceed 25 percent of the value of the structure as determined by the Building Official pursuant to the building code.
(b) Additional or more extensive changes to a nonconforming multifamily or nonresidential structure may be authorized through minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review); provided, that the Review Authority first finds that the additional work will not prolong the duration of the nonconforming structure.
(4) Seismic Retrofitting, Building and Fire Code Compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with building code and fire code requirements shall be allowed; provided, that the work is exclusively to comply with applicable earthquake safety standards, and the building code and fire code.
(D) Nonconforming Keeping of Animals. The keeping of animals that was lawfully initiated, but because of later amendments to this Title does not comply with the maximum number or type of animals now allowed, may continue; provided, that:
(1) No increase occurs in the number or type of animals existing as of the date they became nonconforming (unweaned offspring may remain on the site only until weaned); and
(2) Once the nonconforming animal keeping has ceased on the site for 90 days or longer for any reason, any animal keeping thereafter shall comply with all applicable requirements of this Title. (Ord. 1603 § 4 (Exh. I), 2023)
17.28.040 Off-street parking deficiency.
If the vehicle parking spaces maintained on a lot in connection with a building or other structure at the time this Title was adopted were insufficient to meet the requirements of this Title, or where no parking spaces have been provided, the building or structure shall not be altered or enlarged to create additional use, seating capacity, floor area or guestrooms, as the case may be, unless additional vehicle parking spaces are supplied and maintained to meet the requirements of this Title for such additional use, dwelling units, seating capacity, floor area or guestrooms. (Ord. 1603 § 4 (Exh. I), 2023)
17.28.050 Residential exemptions.
(A) Dwellings, Generally. An involuntarily damaged or destroyed single- or multifamily dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, pursuant to current building and fire code requirements.
(B) Single-Family Dwellings in Commercial Zones. A single-family dwelling that is a nonconforming use in a commercial zone may be expanded to the extent to which the expanded area complies with all applicable standards of the applicable zone.
(C) Residential Fences. A nonconforming fence within a residential zone may be maintained and replaced in the same form as it existed on the effective date of the regulation that made it nonconforming. (Ord. 1603 § 4 (Exh. I), 2023)
17.28.060 Loss of nonconforming status.
The nonconforming status of a land use and/or structure shall terminate pursuant to this Section.
(A) Termination by Discontinuance.
(1) If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of 12 months or more, all rights to legal nonconforming status shall terminate.
(2) The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation.
(3) Any further use of the site or structure shall comply with all of the regulations of the applicable zone and all other applicable provisions of this Title.
(B) Termination by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by PMC § 17.28.050 (Residential exemptions) for dwellings, and except as follows:
(1) If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within one year of the date of damage and is diligently pursued to completion.
(2) Minor site plan review approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than 50 percent of the assessed value of the structure immediately before damage. Minor site plan review approval shall require a finding, in addition to those contained in PMC § 17.26.090(E), that the benefit to the public health, safety, or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity. (Ord. 1603 § 4 (Exh. I), 2023)
17.28.070 Nonconforming parcel.
(A) Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this Title shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant:
(1) Approved Subdivision. The parcel was created by a recorded subdivision;
(2) Individual Parcel Legally Created by Deed. The parcel is under one ownership of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
(3) Variance or Lot Line Adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or
(4) Partial Government Acquisition. The parcel was created pursuant to the provisions of this Title, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the setback facing a public right-of-way was decreased not more than 50 percent.
(B) Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. 1603 § 4 (Exh. I), 2023)
17.28.080 Nonconformity due to lack of conditional use permit.
(A) Conformity of Uses Requiring Land Conditional Use Permits. A use lawfully existing without the approval of a conditional use permit (refer to PMC Chapter 17.22 (Conditional Use Permits)) or a minor use permit (refer to PMC § 17.26.050 (Minor use permit)) that would be required by this Title shall be deemed conforming only to the extent that it previously existed (e.g., as it maintains the same site area boundaries, hours of operation, etc.).
(B) Previous Land Use Approvals in Effect. A use that was authorized by a planning approval but is not allowed by this Title in its current location may continue, but only pursuant to the original planning approval. (Ord. 1603 § 4 (Exh. I), 2023)