Chapter 19.84
NONCONFORMING LOTS, STRUCTURES AND USES
Sections:
19.84.050 Nonconforming structure.
19.84.060 Legal, pre-existing use classified as a conditional use.
19.84.070 Continuity of prior conditional use permits and variances.
19.84.080 Expansion or intensity increase of a nonconforming use.
19.84.090 Nonconforming manufactured home.
19.84.100 Abandonment or vacation of nonconforming use or structure.
19.84.010 Purpose.
The zoning districts established in this title are designed to encourage the development of desirable residential, commercial and industrial areas. In order to facilitate the development of desirable areas, nonconforming lots, structures and uses which adversely affect such areas must be subject to certain limitations. The limitations adopted are to provide a gradual remedy for existing undesirable conditions resulting from such nonconformities. It is the general intent of this title that nonconformities shall not be enlarged, expanded, or used as a means for adding other structures or uses prohibited elsewhere in the same district. (Ord. 1317 § 3, 1998).
19.84.020 Prior construction.
Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this title and upon which actual building construction has been carried on in a diligent manner. Actual construction is defined as the permanent installation of building materials associated with an approved building permit. Actual construction work shall be diligently carried on until the applicable structure is completed. (Ord. 1317 § 3, 1998).
19.84.030 Nonconforming lot.
Where, at the effective date of adoption or amendment of the ordinance codified in this title, a lawful lot exists that is made nonconforming by such adoption or amendment, such lot may continue and be utilized so long as it remains lawful, subject to the following provisions:
A. A lot which is nonconforming with respect to area shall not be reduced in area.
B. A lot which is nonconforming with respect to dimension shall not be reduced in dimension.
C. A permitted use or structure may be allowed on a lot which is nonconforming with respect to lot area or dimension unless a minimum lot area or dimension is specified for a particular use.
D. A permitted use or structure which is placed on a nonconforming lot shall meet all Fife Municipal Code (FMC) requirements including, but not limited to, lot coverage, yard setbacks, landscaping, buffering, parking, stormwater detention and treatment and signage.
E. A nonconforming lot which is increased in area or dimension such that it comes into compliance with any or all of the lot requirements for the zoning district in which it is located shall thereafter remain in compliance. (Ord. 1317 § 3, 1998).
19.84.040 Nonconforming use.
Where, at the effective date of adoption or amendment of the ordinance codified in this title, a lawful use of land exists that is made nonconforming by such adoption or amendment, such use may be continued so long as it remains lawful, subject to the following provisions:
A. When a nonconforming use is superseded by a permitted use, the nonconforming use shall not be resumed.
B. A nonconforming use may be continued by successive owners and tenants where the use has not been abandoned or vacated.
C. A nonconforming use shall not be expanded or increased in intensity except in conformance with this chapter.
D. A nonconforming use located within a structure which has not increased in area or height since the effective date of the ordinance codified in this title may be expanded throughout the entire structure or increased in its intensity. The expansion or increase in intensity shall not significantly increase off-site impacts. The expansion or increase in intensity shall be compatible with properties within the vicinity. A nonconforming use which expands or increases in intensity beyond the allowance of this subsection is subject to FMC 19.84.080.
E. Accessory uses and associated structures are allowed for a nonconforming residential use. (Ord. 1317 § 3, 1998).
19.84.050 Nonconforming structure.
Where, at the effective date of adoption or amendment of the ordinance codified in this title, a lawful structure exists that is made nonconforming by such adoption or amendment, the structure may continue so long as it remains lawful subject to the following provisions:
A. A nonconforming structure may be enlarged or altered in such a way that does not increase its degree of nonconformity except as provided by this chapter. An enlargement or alteration of a nonconforming structure shall not expand or increase the intensity of a nonconforming use unless expressly allowed by the provisions of this chapter.
B. A structure which is nonconforming only by reason of substandard yards or lot coverage may be replaced, provided such replacement does not increase the original degree of nonconformity.
C. Any nonconforming structure damaged or destroyed by fire, explosion, wind, flood, earthquake or other natural or accidental means may be restored or reconstructed, provided the restoration or reconstruction does not increase the original degree of nonconformity. Building permits shall be applied for within 12 months of damage. Restoration or reconstruction must be completed within 18 months of damage. Upon receiving a written request, the director may grant an extension when deemed reasonable and appropriate.
D. Any structure in which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zoning district in which such structure is located.
E. A nonconforming structure may be relocated on the same lot as long as its degree of nonconformity and its adverse impacts on surrounding properties are not increased.
F. Nothing in this chapter shall exempt any building activity from current building, fire and health code requirements. Nothing in this chapter shall prevent construction, ordered by the building official, which is necessary to bring a nonconforming structure into compliance with safety requirements. (Ord. 1317 § 3, 1998).
19.84.060 Legal, pre-existing use classified as a conditional use.
A legal use which was in existence prior to the effective date of the ordinance codified in this title and which is classified as a conditional use within this title’s applicable zoning district is not considered a nonconforming use. Such use shall be classified as an existing conditional use subject to the provisions of Chapter 19.88 FMC. An existing conditional use may not be expanded or increased in intensity without first obtaining a conditional use permit. (Ord. 1317 § 3, 1998).
19.84.070 Continuity of prior conditional use permits and variances.
Any valid conditional use permit or variance granted prior to the effective date of the ordinance codified in this title shall be permitted to continue in accordance with such conditional use permit or variance. (Ord. 1317 § 3, 1998).
19.84.080 Expansion or intensity increase of a nonconforming use.
A legal owner of record as of the effective date of the ordinance codified in this title may expand or increase the intensity of a nonconforming use by up to 20 percent of its existing size and intensity subject to the granting of a conditional use permit by the hearing examiner. The hearing examiner is granted the authority to require the subject use, lot and associated structures to be brought into compliance with the title regulations as much as practicable. Prior to approving the conditional use permit, the hearing examiner must be able to conclude that the applicant’s proposal will result in improvements in exterior appearance, screening, access or other features which will better adapt the nonconforming use to existing FMC regulations and to uses and structures within the vicinity. (Ord. 1593-06 § 71, 2006; Ord. 1317 § 3, 1998).
19.84.090 Nonconforming manufactured home.
A nonconforming manufactured home may be replaced. The replacement of a nonconforming manufactured home outside of a manufactured home park must be in conformance with the designated manufactured home requirements identified in Chapter 19.68 FMC. (Ord. 1317 § 3, 1998).
19.84.100 Abandonment or vacation of nonconforming use or structure.
When a nonconforming use, structure or structure and lot in combination is vacated or abandoned for six consecutive months or for 18 months during any three-year period, the use, structure or structure and lot in combination shall thereafter be required to be in accordance with the regulations of the zoning district in which it is located. (Ord. 1317 § 3, 1998).