Chapter 22C.100
NONCONFORMING SITUATIONS
Sections:
22C.100.020 Nonconformance – Applicability.
22C.100.030 Nonconforming structures.
22C.100.040 Nonconforming uses.
22C.100.050 Discontinuance or abandonment.
22C.100.010 Purpose.
Nonconforming structures and nonconforming uses, as defined in this chapter, shall be allowed to continue in existence, and to be repaired, maintained, remodeled, expanded and intensified, but only to the extent expressly allowed by the provisions of this chapter. It is the purpose of the city to ultimately have all structures and uses brought into conformity with the land use codes and regulations duly adopted by the city, as the same may be amended from time to time. Nonconforming structures and uses should be phased out or brought into conformity as completely and as speedily as possible with due regard to the special interests and property rights of those concerned. (Ord. 2852 § 10 (Exh. A), 2011).
22C.100.020 Nonconformance – Applicability.
(1) All nonconformances shall be subject to the provisions of this chapter.
(2) The provisions of this chapter do not supersede or relieve a property owner from compliance with:
(a) The requirements of the International Building and Fire Codes; or
(b) The provisions of this code beyond the specific nonconformance addressed by this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
22C.100.030 Nonconforming structures.
A nonconforming structure is one which was in compliance with all land use codes and regulations at the time it was constructed, but which violates the bulk or dimensional requirements of the current land use codes and regulations of the city.
(1) Nonconforming structures may be repaired and maintained. The interior of said structures may be restored, remodeled and improved to the extent of not more than 25 percent of the assessed value of the structure in any consecutive period of 12 months.
(2) The exterior dimensions of a nonconforming structure may be enlarged by up to 100 percent of the floor area existing at the effective date of the nonconformance; provided, that the degree of nonconformance shall not be increased, and the then-current bulk and dimensional requirements of the zone in which it is located shall be observed with respect to the new portion of the building.
(3) A nonconforming structure which is voluntarily or accidentally destroyed, demolished or damaged, or allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of the assessed value of the structure, may be restored and rebuilt only if the structure, in its entirety, is brought into conformity with the then-current bulk and dimensional requirements of the zone in which it is located; provided, that a single-family residence with nonconforming status in a residential zone may be restored and rebuilt to any extent as long as it does not increase the pre-existing degree of nonconformance; provided, a single-family residence with nonconforming status in zones other than residential may be restored and rebuilt to any extent on the original footprint of the structure’s foundation so long as it does not increase the pre-existing degree of nonconformance.
(4) When a structure or a portion thereof is moved to a new location, it must be made to conform to all then-current land use restrictions applicable to the new location.
(5) Nonconforming structures shall not be exempt from compliance with all current codes and regulations relating to storm drainage, landscaping, off-site traffic mitigation and frontage improvements including curbs, gutters and sidewalks. (Ord. 2982 § 1, 2015; Ord. 2852 § 10 (Exh. A), 2011).
22C.100.040 Nonconforming uses.
A nonconforming use is any use of land or of a structure which was legal at the time of its establishment but which violates the land use provisions of the current codes and regulations of the city, including those relating to zoning districts, density, access and off-street parking.
(1) A nonconforming use loses its status, and must be discontinued, if the structure in which it is located is voluntarily or accidentally destroyed, demolished or damaged, or is allowed to deteriorate, to the extent where restoration costs would exceed 75 percent of the assessed value of the structure. Provided, all nonconforming residential structures which are allowed to be restored and rebuilt, as described in MMC 22C.100.030(3), shall be allowed to continue the residential use thereof.
(2) A nonconforming use cannot be changed to a fundamentally different use unless it is brought into complete conformity with the current codes and regulations. An increase in volume or intensity of a nonconforming use is permissible, however, where the nature and character of the use are unchanged and substantially the same facilities are used. The test is whether the intensified use is different in kind from the nonconforming use in existence at the effective date of the nonconformance.
(3) A nonconforming use may be expanded upon the granting of a conditional use permit as provided in this chapter; provided, that such expansion of a nonconforming use shall not increase the land area devoted to the nonconforming use by more than 150 percent of that in use at the effective date of the nonconformance; provided also, that a conditional use permit shall not be required for enlargement of a single-family residence in nonresidential zones subject to the limitations set forth in MMC 22C.100.030(2), or for construction of an accessory structure such as a garage or shed; provided, that the expansion or new structure is sited on the property so as not to preclude conversion of the property to a future, nonresidential use.
(4) A use established in part but not all of a building at the effective date of the nonconformance may expand within said building by up to 100 percent of the pre-existing floor area dedicated to said use upon obtaining a conditional use permit as provided in this chapter. Unlimited expansion within the building shall be permissible upon obtaining a conditional use permit if the original design of the building indicates that it was intended to be ultimately dedicated, in its entirety, to the use in question. (Ord. 2982 § 2, 2015; Ord. 2852 § 10 (Exh. A), 2011).
22C.100.050 Discontinuance or abandonment.
(1) Any nonconforming structure which has been unoccupied for a period of 24 consecutive months, or more, shall lose its nonconforming status and shall not be reoccupied unless and until it is brought into conformity with the current bulk and dimensional requirements of the city codes.
(2) If a nonconforming use is discontinued or abandoned for a period of 12 consecutive months or more, the nonconforming status of the use is terminated, and any future use of the land or structure shall be in conformity with the then-current requirements of the city’s land use codes. The mere presence of a structure, equipment or material shall not be deemed to constitute a continuance of a nonconforming use unless the structure, equipment or material is actually being occupied or employed in maintaining such use. (Ord. 2852 § 10 (Exh. A), 2011).
22C.100.060 Conditional uses.
The department shall have authority to grant conditional use permits referred to in this chapter. The procedures used by the department shall comply with Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures. The department shall apply the following criteria:
(1) A nonconforming use or structure should not result in a lack of compatibility with existing and potential uses in the immediate area.
(2) Adverse impacts of a nonconforming use or structure must be mitigated by site design elements such as landscaping, provision for parking, elimination of outside storage, and general visual improvement of the property.
(3) Adequate provisions must be made for public improvements such as sewer, water, drainage, pedestrian circulation and vehicle circulation, both on-site and off-site.
(4) Concerns of adjacent property owners and the general public must be properly considered. (Ord. 2852 § 10 (Exh. A), 2011).