Chapter 17.64
NONCONFORMING USES AND STRUCTURES
Sections:
17.64.030 Nonconforming use of land.
17.64.040 Nonconforming structures.
17.64.050 Repairs, maintenance and safety of nonconforming structures.
17.64.060 Moving a nonconforming structure.
17.64.070 Changes to a nonconforming use.
17.64.080 Abatement of public nuisance.
17.64.010 Purpose.
It is recognized that certain existing lots, structures and uses will not conform to this title at the time of its adoption, May 10, 1999. The purpose of this chapter is to protect owners and/or tenants of property from unreasonable loss and hardship where such nonconformity is created as a result of the adoption of provisions contained in this title. It is also realized that land, structures, and uses of land and structures which do not conform to the provisions of this title can become nuisances, can disrupt the orderly development of the city, and can create unsafe, hazardous and unhealthful conditions; therefore, the city declares that, over time, all nonconforming structures and uses shall be terminated as provided in this chapter. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).
17.64.020 Nonconforming lots.
A structure and its customary accessory buildings may be erected on any legal lot created before the effective date of the ordinance codified in this title. This provision shall apply even though such lot fails to meet the minimum dimensional requirements of the underlying zoning district; provided, that such structure is allowed within that zoning district and all uses of the nonconforming lot shall comply with all other provisions of this title including setbacks, dimensional standards and lot coverage requirements. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).
17.64.030 Nonconforming use of land.
Where lawful use of the land existed 12 months prior to the effective date of the ordinance codified in this chapter, which is not permissible under the terms of this title, such use may be continued so long as it remains otherwise lawful, subject to the following provisions, except otherwise described in subsection E of this section:
A. No such use shall be enlarged or increased, nor extended to occupy a greater area of land, dimensions or volume than was occupied at the effective date of the ordinance codified in this chapter without the issuance of a conditional use permit.
B. No such use shall be changed in any manner which will increase its nonconformity to the requirements of the zoning district in which it is located.
C. If a nonconforming use is discontinued or inactive for a period of 12 months, it shall be deemed a discontinued nonconforming use. A discontinued nonconforming use cannot be re-established. Further use of property must conform to the provisions of this title. An application for a building permit within the 12-month period shall be conclusive evidence of resumption of activity or rebuilding within the meaning of this chapter; provided, however, if the building permit expires before rebuilding is completed, no extension of the permit shall be granted.
D. On any lot in any zoning district where livestock is prohibited, and where that use is existing on May 10, 1999, then the raising and keeping of livestock is permitted until January 1, 2010, or ownership of said lot changes to a different party, whichever occurs first; provided, that all the conditions set forth in CMC Title 6 are met. No such permission is extended to the raising or keeping of pigs and hogs.
E. No use of land in the city of Cashmere which would be included in the definition of “junk yard” as defined in Chapter 17.08 CMC shall be allowed following May 10, 1999, and this nonconforming use section shall not authorize any such use. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).
17.64.040 Nonconforming structures.
Where a structure lawfully exists on May 10, 1999, which structure could not be built under the terms of this title, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
A. No such structure shall be enlarged or altered in a way which increases its nonconformity without the issuance of a conditional use permit.
B. Nothing in this title shall require any change in plans, construction, alteration or designated use of a structure for which a legal valid building permit existed prior to May 10, 1999, and continues to exist on May 10, 1999, to this title, except that if the structure will be nonconforming it shall be built to conforming standards if not complete within two years of May 10, 1999.
C. Any nonconforming structure which has been destroyed, damaged or has incurred a loss of not more than 80 percent of its value, which destruction, damage or loss is not the result of the intentional act of the property owner, may be rebuilt within the existing footprint of the damaged or destroyed building, provided no more than 12 months will be allowed in which to resume activity or rebuild, or the structure will be deemed nonconforming and any rebuilding must conform to the provisions of this title. Any rebuilding must conform to all other provisions of this title and other applicable city ordinances and state laws, including, but not limited to, the provisions of CMC Title 15 as the same exists now or may hereafter be amended, concerning the building code.
D. Any nonconforming structure which has been destroyed, damaged or has incurred a loss more than 80 percent of its value may not be rebuilt or repaired unless it conforms to all provisions of this title and all other applicable city ordinances and state laws.
E. For the purpose of this chapter, remodeling, alterations, or repairs to a nonconforming structure means work that does not exceed 80 percent of the latest county assessed or appraised value by a state-certified/licensed real estate appraiser of the building or structure before the improvements are started. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).
17.64.050 Repairs, maintenance and safety of nonconforming structures.
Other than repairs prohibited by CMC 17.64.040(D), repairs and maintenance work may be undertaken on a nonconforming structure and nothing shall prevent the city from requiring repair of any nonconforming structure to protect health and safety. Maintenance work and repair on a nonconforming structure shall conform to the provisions of CMC Title 15, as the same exists now or may hereafter be amended. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).
17.64.060 Moving a nonconforming structure.
If a nonconforming structure is moved, it shall conform to the zoning regulations of the zoning district to which it is moved. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).
17.64.070 Changes to a nonconforming use.
A nonconforming use shall not be changed to another nonconforming use. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).
17.64.080 Abatement of public nuisance.
Regardless of any provision in this title, any nonconforming use or structure deemed to present a hazard to the public health or safety or deemed to be a public nuisance by the city council may be terminated through civil legal proceedings commenced in Chelan County superior court. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).