Chapter 17.05 NONCONFORMING BUILDINGS, STRUCTURES, AND USES

Chapter 17.05
NONCONFORMING BUILDINGS, STRUCTURES, AND USES

Sections:

17.05.010 Statement of purpose.

17.05.020 Authority to continue nonconforming buildings, structures, and uses.

17.05.030 Restrictions on nonconforming buildings, structures, and uses.

17.05.040 Elimination of nonconforming buildings and structures.

17.05.050 Elimination of nonconforming uses.

17.05.060 Relief from amortization.

17.05.010 Statement of purpose.

This title establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

The purpose of this section is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue. (1980 Zoning Code § 5.1)

17.05.020 Authority to continue nonconforming buildings, structures, and uses.

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this title and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of this title, or of any subsequent amendments thereto, may be continued subject to the regulations which follow. (1980 Zoning Code § 5.2)

17.05.030 Restrictions on nonconforming buildings, structures, and uses.

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this section.

A. Repairs and Alterations.

1. Repairs and alterations may be made to a nonconforming building or structure; provided, that no structural alterations which increase the bulk of the building or structure shall be made in or to a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, except those required by law or except to make the building or structure and the use thereof conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as hereinabove provided.

2. Repairs, alterations, and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.

B. Additions and Enlargements. A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located.

C. Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.

D. Restoration of Damaged Building or Structure Designed or Intended for a Nonconforming use. A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent of the cost of the restoration of the entire building new, shall not be restored unless said building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located.

In the event such damage or destruction is less than fifty percent of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is completed within one year thereafter.

If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared by the owner, or at the owner’s expense.

E. Discontinuance of a Nonconforming Use. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of six months, it shall not be renewed, and any subsequent use of the building, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located. Provided, however, that any nonconforming building, structure, or premises discontinued for a continuous period of six months or more may be renewed by the president and board of trustees upon application being made setting forth the reasons for said renewal. The president and board of trustees shall take into consideration the declaration of public policy as provided in RMC 17.03.100(A). If said nonconforming use is renewed, the conditions of operation, use and any other matters relative to said property shall be expressly stated as a condition of granting a renewal of said nonconforming use. All other provisions of this title shall be in full force and effect.

F. Expansion of Nonconforming Use.

1. The nonconforming use of part of a pre-zoning code building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structures shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.

2. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

3. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

G. Change of Nonconforming Use.

1. The nonconforming use of a pre-zoning code building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be changed to a use allowed in the most restrictive district in which the nonconforming use which presently occupies the building or structure is a permitted or conditional use, or to a use permitted in a more restrictive district.

For the purpose of this subsection, the CR district shall be considered the most restrictive and the I-2 district the least restrictive district.

2. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

17.05.040 Elimination of nonconforming buildings and structures.

In all residence districts, any building or structure, all or substantially all of which is designed or intended for a use allowed only in a business or industrial district, shall be removed or shall be altered, remodeled or converted for a permitted use within six months after the amortization period of such building or structure, which is hereby established and set forth below:

A. Assessed valuation of buildings or structures of two thousand dollars (on the effective date of this title; or as of the date any amendment establishes nonconformity) or less: three years from the effective date of this title.

B. Assessed valuation of building or structure of two thousand one dollars (on the effective date of this title; or as of the date any amendment establishes nonconformity) to six thousand dollars (on the effective date of this title; or as of the date any amendment establishes nonconformity): six years from the effective date of this title.

C. The provisions of this section shall not be applicable to any building or structure having an assessed valuation in excess of six thousand dollars (on the effective date of this title; or as of the date any amendment establishes nonconformity). (1980 Zoning Code § 5.4)

17.05.050 Elimination of nonconforming uses.

This section is intended to gradually eliminate inappropriate nonconforming uses of buildings or structures designed or intended for uses allowed within the district in which they are located, but is not intended to eliminate any use not permitted in the district if such use is appropriate to the design or intent of such building or structure.

A. In all residence districts any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in a residential district, but is being used for a use permitted only in a business or an industrial district, shall be terminated within five years of the effective date of this title.

B. The nonconforming use of land shall be discontinued and cease three years from the effective date of this title in each of the following cases:

1. Where no buildings or structures are employed in connection with such use.

2. When the only buildings or structures or other physical improvements are accessory or incidental to such use.

A nonconforming use of land which is accessory to the nonconforming use of building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

The provisions of this section shall not be applicable to any nonconforming use associated with any building or structure, a substantial portion of which is designed or intended for such a nonconforming use regardless of the district in which such building or structure is located. (1980 Zoning Code § 5.5)

17.05.060 Relief from amortization.

The owner of any building, structure or use which is subject to gradual elimination under the terms of this title may apply to the zoning board of appeals for a variation to allow such building, structure or use to continue indefinitely. In such an event the regulations contained within RMC 17.03.080 shall apply. (1980 Zoning Code § 5.6)