Chapter 17.104 NONCONFORMING SITUATIONS

Chapter 17.104
NONCONFORMING SITUATIONS

Sections:

17.104.010 Purpose.

17.104.020 Administration – Determination of nonconforming use status.

17.104.030 Pending building permits.

17.104.040 Criteria for nonconforming situations.

17.104.050 Repairs and maintenance.

17.104.060 Uses under conditional use provisions not nonconforming uses.

17.104.010 Purpose.

(1) Within the districts established by this code or amendments that may later be adopted, there may exist lots, uses of land, and structures which were lawful before the effective date of the ordinance codified in this code, but which would be prohibited, regulated or restricted under the terms of this code or future amendments.

(2) It is the purpose and intent of this chapter to permit these nonconforming lots, structures, and uses to continue but to disallow the enlargement, expansion or extension of such with some exceptions.

(3) Nonconforming lots, uses and structures are incompatible with the comprehensive plan and, as such, would not currently be allowed in the zoning district involved. (Ord. 2875 § 1.142.010, 2003)

17.104.020 Administration – Determination of nonconforming use status.

(1) Upon written request, such as a building permit or land use application, the director shall make a written determination regarding nonconforming status.

(2) Upon application and payment of fees, the decision of the director may be appealed as provided by SHMC 17.24.310(1). (Ord. 2875 § 1.142.020, 2003)

17.104.030 Pending building permits.

(1) In order to avoid undue hardship, nothing in this chapter requires any change in the location, plans, construction, size, or designated use of any building, structure, or part thereof for which a required city building permit has been legally granted prior to enactment of this code.

(2) If a building permit is revoked or for any reason becomes void, all rights granted by this chapter are extinguished and the project shall thereafter be required to conform to all the provisions of this code. (Ord. 2875 § 1.142.030, 2003)

17.104.040 Criteria for nonconforming situations.

(1) Nonconforming Lots of Record.

(a) Except as provided in subsections (1)(b), (2) and (3) of this section, no nonconforming lot of record at the effective date of the ordinance codified in this section or amendment thereto shall be developed for any use, and no existing use on a nonconforming lot of record shall be enlarged, extended or reconstructed;

(b) If on the date of adoption of the ordinance codified in this section a legally constituted lot does not meet the lot size requirements of the applicable zoning district in which the property is located, the lot may:

(i) Be occupied by one use permitted outright in a commercial zoning district, if the lot is located within a commercial zoning district; or

(ii) Be occupied by detached single-dwelling unit(s) or a duplex as permitted outright in a residential zoning district, if located in a residential zoning district; the house may be rebuilt on the same size, or smaller, footprint if destroyed by fire or natural disasters over 60 percent of value (any changes to the footprint must meet all setbacks and other regulations of the zone);

(c) In any district, construction on a single nonconforming lot of record existing at the effective date of the ordinance codified in this code or amendment thereto, notwithstanding limitations imposed by other provisions of this code, are subject to the following:

(i) The nonconforming lot shall be in a separate ownership and not contiguous with other lots in the same ownership; and

(ii) All setback, height and other applicable provisions of the zoning district shall be satisfied;

(d) If two or more lots, or combinations of lots and portions of lots, in single ownership are of record at the effective date of the ordinance codified in this code and are made nonconforming as to lot area, width, or depth by this code, the lots involved shall be considered to be an undivided parcel for the purposes of this code, and:

(i) No portion of the aggregated parcels shall be conveyed, transferred, or used in any manner which violates or creates a violation of this code; and

(ii) No division of the parcel shall be made which creates any lot remaining with an area, width or depth which does not meet the requirements of this code.

(2) Criteria for Nonconforming Uses of Land. Where at the time of adoption of the ordinance codified in this code a lawful use of land exists which would not be permitted by the regulations imposed by this code, and where such use involves no structure or building other than a single sign or accessory structure, the use may be continued as long as it remains otherwise lawful, provided:

(a) No such nonconforming use is enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of the ordinance codified in this code;

(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified in this code;

(d) If the use is discontinued or abandoned for any reason for a period of six months, any subsequent use of land shall conform to the regulations specified by this code for the zone in which such land is located; and

(e) For purposes of this section, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:

(i) On the date when the use of land is vacated;

(ii) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

(iii) On the date of termination of any lease or contract under which the nonconforming use has occupied the land; and

(iv) On the date a request for final reading of water and power meters is made to the applicable utility districts;

(f) No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land.

(3) Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this code that could not be built under the terms of this code by reason of restrictions on lot area, lot coverage, height, yard, equipment, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be enlarged or altered in a way that satisfies the requirements of this code or will decrease its nonconformity;

(b) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 60 percent of its current value as assessed value by the Columbia County assessor, it shall not be reconstructed except in conformity with the provisions of this code, except subsection (1)(b)(ii) of this section; and

(c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

(4) Nonconforming Use of Structures.

(a) If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a single accessory structure) existed as of the adoption date of the ordinance codified in this code, it would not be allowed in the zoning district in which it is located, or which is nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this code or amendment thereto), the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(i) No existing structure devoted to a use not permitted by this code in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located;

(ii) Any nonconforming use may be extended throughout any existing parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this code, but no such use shall be extended to occupy any land outside such building;

(iii) A change of use for a single use in a single structure may occur under the following conditions:

(A) The nonconforming use status was registered with the director in the manner provided by subsection (4)(c) of this section for the purpose of establishing the use classification as listed in any of the permitted use subsections of this code;

(B) The new use is within the registered permitted use classification; and

(iv) When a nonconforming use of a structure and premises is discontinued or abandoned for six months the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events:

(A) On the date when the structure or premises is vacated;

(B) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

(D) On the date a request for final reading of water and power meters is made to the applicable utility districts;

(v) Where a nonconforming use status applies to a structure and premises, removal or destruction of the structure shall eliminate the nonconforming use status of the land:

(A) “Destruction,” for the purpose of this subsection, is defined as damage to an extent of more than 60 percent of its current assessed value by the Columbia County assessor; and

(B) Any subsequent use shall conform fully to all provisions of the zoning district in which it is located;

(b) If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of the adoption date of the ordinance codified in this code, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this chapter or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

(i) No existing structure devoted to a use not permitted by this code in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located;

(ii) Any nonconforming use may be extended throughout any existing parts of a building which was manifestly arranged or designed for such use as of the adoption date of the ordinance codified in this code, but no such use shall be extended to occupy any land outside such building except as limited by subsection (4)(b)(v) of this section;

(iii) A change of use may occur as follows:

(B) The new use is within the registered use classifications;

(D) The new use conforms to the zoning ordinance provisions;

(iv) Where a structure had vacant units as of the adoption date of the ordinance codified in this code, such vacant spaces shall be classified with the most restrictive use classification applicable to the structure; and

(v) When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events:

(A) The vacation of the structure or premises; or

(B) The making of a request for final reading of water and power meters to the applicable utility districts;

(c) Nonconforming use may be registered with the director upon proof that the use was in lawful existence as of the adoption date of the ordinance codified in this code;

(d) The provisions of this section shall not be interpreted as granting an owner of a nonconforming use a vested right. The provisions of this section may be revised in a manner which does not change the rights granted by this section;

(e) Ongoing home occupations may be granted nonconforming status provided it can be proven that they were:

(i) Permitted under county authority prior to annexation to the city and have been in continuous operation since initial approval;

(ii) Permitted under city authority prior to the adoption date of the ordinance codified in this code, and have since been in continuous operation; or

(iii) Home occupations without city or county approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted.

(5) Conversion of Accessory Structures to Second Detached Single-Family Dwellings. A lawfully existing accessory structure that does not comply with a yard or height requirement or lot coverage restriction (including the sum of all other buildings and structures) on a lot developed with one detached single-family dwelling, may be converted to a second detached single-family dwelling on the same lot if:

(a) A second detached dwelling unit is allowed by the zoning district;

(b) The conversion does not increase the nonconforming yard, height, or lot coverage;

(c) Any yard associated with the accessory structure is not the result of the exception pursuant to SHMC 17.64.040(3) or any applicable laws prior to the ordinance codified in this chapter that allowed yard exceptions for accessory structures;

(d) The accessory structure does not encroach upon any easements or any public utility or other infrastructure;

(e) The location of the accessory structure does not interfere with future street extensions or increases in right-of-way width based on adopted plans and standards;

(f) The minimum off-street parking requirements can be met (required if not); and

(g) It is not located in any of the following areas:

(i) Resource or resources per Chapter 17.40 SHMC;

(ii) Protection zones per Chapter 17.40 SHMC; or

(iii) Area of special flood hazard per Chapter 17.46 SHMC. (Ord. 3264 § 2 (Att. A), 2021; Ord. 2875 § 1.142.040, 2003)

17.104.050 Repairs and maintenance.

(1) On any nonconforming structure or portion of a structure containing a nonconforming situation, normal repairs, or replacement on nonbearing walls, fixtures, wiring, or plumbing may be performed in a manner not in conflict with the other provisions of this chapter.

(2) Nothing in this code prevents the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 2875 § 1.142.050, 2003)

17.104.060 Uses under conditional use provisions not nonconforming uses.

(1) A permitted use existing before the effective date of the ordinance codified in this code which, under the provisions of this code, is now permitted only upon receiving a conditional use permit under the terms of this code shall not be deemed a nonconforming use in such zoning district if it otherwise conforms to the standards of this code, but shall without further action be considered a conforming use subject to the provisions applicable to conditional uses.

(2) Enlargement, extension, reconstruction, or moving of such use shall only be allowed subject to the provisions for conditional use as contained in Chapter 17.100 SHMC. (Ord. 2875 § 1.142.060, 2003)