Chapter 15.10
NONCONFORMING USES, STRUCTURES AND SIGNS
Sections:
15.10.015 Nonconforming uses and structures in shorelines.
15.10.040 Nonconforming structures.
15.10.010 Intent and purpose.
The intent of this chapter is to impose limitations upon nonconforming uses, structures or signs in order to gradually phase out or bring all uses, structures and signs into conformance with the purpose and goals of the Enumclaw comprehensive plan and the development regulations in the code. It is the further intent of this chapter that no nonconforming building, structure, sign or land be expanded, enlarged, extended, reconstructed, intensified, or structurally altered unless it complies with all regulations of the underlying zoning districts, development regulations or any other relevant code requirements. (Ord. 2434 § 1 (Exh. A), 2009).
15.10.015 Nonconforming uses and structures in shorelines.
Nonconforming uses and structures within shoreline jurisdiction must also comply with EMC 15.36.070. (Ord. 2509 § 6, 2012).
15.10.020 Change of tenancy.
Change of tenancy, ownership, or management shall not affect legal nonconforming status. (Ord. 2434 § 1 (Exh. A), 2009; Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.10.030 Nonconforming uses.
A legal nonconforming use in existence prior to the effective date of Ordinance 2316, or as of the effective date of the ordinance codified in this chapter, may continue so long as it remains otherwise lawful or until such time as the use presents a hazard to the public health, safety, and general welfare, as declared by the applicable regulating official. All nonconforming uses are subject to the following provisions of this section:
A. A nonconforming use shall not be changed to any other use unless changed to a conforming use. A nonconforming use, if changed to a conforming use, may not thereafter be changed to a nonconforming use.
B. 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, per the requirements of Chapter 18.38 EMC.
C. No nonconforming use shall be moved in whole or in part to any other portion of the subject lot or parcel, unless the resulting move conforms to all of the regulations of the underlying zoning district.
D. If a nonconforming use is vacant, discontinued or abandoned from active use for a period of 180 days or more, any subsequent use shall conform to the provisions of this title or shall meet the requirements of the zone in which the use is located. (Ord. 2434 § 1 (Exh. A), 2009; Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006. Formerly 15.10.010).
15.10.040 Nonconforming structures.
A structure which was legally created or was otherwise considered legally nonconforming as of the effective date of Ordinance 2316, but which does not conform to current development regulations of area, lot coverage, height, yards or other characteristics of the structure, may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in any way that increases the degree of nonconformity, except through a variance, per the requirements of Chapter 15.34 EMC.
B. Any nonconforming structure, or part thereof, may be maintained through ordinary repair, maintenance or replacement of non-load-bearing walls, roof, siding, interior, walls, fixtures, electrical or plumbing or may adapt to new technologies or equipment; provided, that no such structure or part thereof shall be extended to occupy a greater gross floor area or land coverage, except as required by law.
C. Should any nonconforming structure be moved for any reason whatsoever, it shall be brought into conformance with the zone in which such structure is located and must comply with the provisions of this chapter.
D. Any nonconforming building or structure, having been destroyed or damaged by fire, flood, explosion, wind, earthquake, or other natural or accidental means, may be restored or reconstructed to its original dimensions and location without enlarging, increasing or expanding the extent of the pre-damage nonconformance. Any changes made during restoration or reconstruction that alters the condition of the nonconforming building or structure from its pre-damage condition is allowable so long as said changes do not expand the extent of nonconformance. The property owner of the nonconforming building or structure must apply for a building permit for any such restoration within one year of the damage or disaster. Upon receiving a written request, the administrator may grant an extension when deemed reasonable and appropriate.
E. Nothing in this code shall prevent or exempt the normal maintenance and repair of a nonconforming structure or any part thereof to be restored to a safe condition when declared unsafe by any official charged with protecting the public safety. (Ord. 2434 § 1 (Exh. A), 2009; Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006. Formerly 15.10.030).
15.10.050 Signs.
In the case of nonconforming signs, the regulations below shall apply in addition to the other requirements of this chapter. Where a conflict occurs, this section shall take precedence.
A. Intent. The intent of these regulations is to protect the character of the community by reducing the negative impacts from legal nonconforming signs. At the same time, the regulations assure that legal nonconforming signs may continue and that the sign regulations will not cause unnecessary burdens. The intent of these regulations is not to force all legal nonconforming signs to be immediately brought into conformance with current regulations; instead, the intent is to gradually bring existing signs into conformance.
B. Continuance. All nonconforming signs that were lawfully constructed, erected, posted or displayed in full compliance with all development regulations and standards then in effect may continue in use in accordance with the other provisions listed in this section.
C. Alteration. No nonconforming sign shall be structurally altered, moved, expanded or enlarged to any degree unless brought into conformity with all applicable requirements of Chapter 16.06 EMC and Chapter 19.10 EMC, Signs, except that such signs may undergo normal maintenance or changes in face as identified in subsections D and E of this section.
D. Maintenance. Legal nonconforming signs may be removed for cleaning and routine maintenance, i.e., repainting, cleaning, maintenance of lighting and wiring, and may be reinstalled without being brought into conformance with the current sign requirements of Chapter 16.06 EMC and Chapter 19.10 EMC, Signs. The time allowed for removal and maintenance purposes shall not exceed 45 days.
E. Change in Sign Face. The face of any legal nonconforming sign may be replaced or altered provided the provisions of subsections C and G of this section are met and all changes are approved by the design review board. When applicable, a sign permit shall be obtained. Alterations are limited to the existing area of sign face only. No enlargement or expansion (including additional illumination) of a legal nonconforming sign structure or face is allowed.
F. Restoration. Any legal nonconforming sign that meets the criteria for restoration per EMC 15.10.040(D) may be restored to its original nonconforming condition upon receipt of administrative and design review board approvals. A variance is not required. If restoration is not completed within 60 days of the date that approval is granted, all relevant approvals shall be nullified and any replacement sign(s) shall conform to Chapter 19.10 EMC.
G. Defunct or Relocated Business. If a business ceases to operate, vacates, or moves to a new location, all existing legal nonconforming signs associated with the business shall be removed within 45 days. Otherwise, the city may remove the sign and file a lien against the property to cover costs associated with said removal. Should a new business occupy the above-mentioned location, it may use the structural elements of a legal nonconforming sign at that location, provided the following provisions are met:
1. Compliance with the standards of subsection E of this section;
2. A sign permit application is filed with the city of Enumclaw within 180 days of the date the original business was vacated, moved, or ceased operation; and
3. Any new signage associated with a new business at that location that does not meet the above-mentioned standards must comply with all applicable requirements of Chapter 19.10 EMC. (Ord. 2434 § 1 (Exh. A), 2009; Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006. Formerly 15.10.040).
15.10.060 Nuisances.
The foregoing notwithstanding, nuisances as defined by state law shall not enjoy legal nonconforming status. (Ord. 2434 § 2 (Exh. A), 2009; Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006. Formerly 15.10.050).