Chapter 18.52
NONCONFORMING BUILDINGS
AND USES
Sections:
18.52.010 Nonconforming buildings and uses may be continued – Repair permitted.
18.52.020 Damaged buildings and structures may be restored.
18.52.030 Expansion of nonconforming uses within existing structures permitted.
18.52.040 Extension (enlargement) and reconstruction of nonconforming buildings – Conditions.
18.52.050 Substitution of nonconforming uses.
18.52.060 Discontinuance or abandonment.
18.52.070 Reclassification of territory.
18.52.080 Nonconforming lots of record.
18.52.090 Removal of nonconforming mobile homes.
18.52.010 Nonconforming buildings and uses may be continued – Repair permitted.
The owners of land and buildings shall not be deprived of any use of property for the purpose to which it is lawfully devoted at the time of the enactment of this code.
Any building, structure or use of land, including but not limited to the raising of livestock, which is existing and lawful at the time of the enactment of this code, but which does not conform to the provisions of this code, shall be considered a nonconforming use and shall be allowed to continue, to the same extent and character as that which legally existed on the effective day of the applicable regulations, although such use does not conform to provisions of the code or amendment.
Repairs may be made to a nonconforming building or structure, or to a building or structure housing a nonconforming use, provided such repair: (A) shall be made in accordance with the provisions of the city building regulations, when applicable, and (B) does not have the effect of increasing the size or altering the character of the nonconforming building, structure or use. [Ord. 1998-99-A § 10-3-2.1.]
18.52.020 Damaged buildings and structures may be restored.
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood or other calamity or act of nature may be restored or reconstructed and the use thereof resumed; provided, that such restoration or reconstruction: (A) is commenced within a period of two years from the date of occurrence of the damage, and (B) does not have the effect of increasing the size of the building or structure or the floor space in excess of that which existed at the time the building became nonconforming, except when approved in accordance with the provisions of MMC 18.48.040.
Any such restored or reconstructed structure shall be constructed in accordance with the provisions of the current city building regulations. [Ord. 1998-99-A § 10-3-2.2.]
18.52.030 Expansion of nonconforming uses within existing structures permitted.
A nonconforming use located within a building may be extended through the same building in which said nonconforming use is located, provided no structural change is made or proposed in the building for the purpose of accommodating such extension. [Ord. 1998-99-A § 10-3-2.3.]
18.52.040 Extension (enlargement) and reconstruction of nonconforming buildings – Conditions.
A nonconforming building or structure or a building housing a nonconforming use may be extended or enlarged or reconstructed, subject to the prior approval by the city council, after recommendation of the planning commission and upon compliance with the following:
A. The proposed extension or replacement shall be located entirely on the same lot or parcel as the present nonconforming structure and will conform with all existing setback and location requirements.
B. The applicant shall submit a detailed site plan showing the location of existing and proposed structures on the site and in the vicinity, existing lot boundaries, roads, driveways, parking areas, utilities, and other significant features on the site and in the immediate vicinity.
C. A finding made by a majority vote of the council that:
1. The proposed enlargement or extension will not significantly alter the character of the building or use or its impact upon the area.
2. The building or use, if extended, will not have the effect of diminishing the value of property or the quality of the living environment of adjacent properties.
3. The proposed enlargement will not significantly increase the number of vehicles or pedestrians, or result in the establishment or increase of a safety hazard to the area.
4. The proposed enlargement will not result in the establishment of a condition incompatible with the neighborhood area and the stated objective of the zone in which it is located.
The council may attach such conditions to its approval as are necessary to adequately protect the property and uses in the surrounding territory and the intent of the zone, including but not limited to the providing of off-street parking, access ways, landscaping features and additional setback of structures. [Ord. 1998-99-A § 10-3-2.4.]
18.52.050 Substitution of nonconforming uses.
A nonconforming use or building may be changed to a conforming use or building. Any nonconforming building or use which has been changed to a conforming building or use shall not thereafter be changed back to a nonconforming use.
A nonconforming use of a building or lot shall not be changed to another nonconforming use whatsoever. Changes in use shall be made only to a conforming use. [Ord. 1998-99-A § 10-3-2.5.]
18.52.060 Discontinuance or abandonment.
A nonconforming building or structure or portion thereof, or a lot occupied by a nonconforming use which is, or which hereafter becomes, abandoned or discontinued for a continuous period of two years or more, shall not thereafter be occupied, except by a use which conforms to the regulations of the zone in which it is located; provided, the city council may, upon appeal, authorize the re-establishment of a nonconforming use which has been discontinued for a period longer than provided herein, where the weight of evidence clearly shows that the owner had no intention to terminate the nonconforming use and that the longer period of discontinuance was beyond the control of the owner. [Ord. 1998-99-A § 10-3-2.6.]
18.52.070 Reclassification of territory.
The provisions pertaining to nonconforming uses of land and buildings shall also apply to land and buildings which hereafter become nonconforming due to an amendment of this title or the zone map. [Ord. 1998-99-A § 10-3-2.7.]
18.52.080 Nonconforming lots of record.
A building permit may be issued for construction of a single-family dwelling on any lot or parcel of land, even though such lot or parcel does not comply with the area or width requirements for one-family dwellings within the zone, subject to compliance with all of the following:
A. The lot or parcel qualifies as a nonconforming lot of record (existed as a separately described parcel on the records of the county recorder prior to the effective date of the ordinance codified in this title) and the parcel does not constitute an illegal subdivision lot;
B. One-family dwellings are listed as a permitted use in the present zone; and
C. All setbacks, height, building size and special provision requirements of the existing zone and all applicable supplementary regulations can be met. [Ord. 1998-99-A § 10-3-2.8.]
18.52.090 Removal of nonconforming mobile homes.
Whenever a nonconforming mobile home is removed from an individual lot, said lot may not be subsequently occupied except by a use or structure which conforms to the requirements of this title. [Ord. 1998-99-A § 10-3-2.9.]