Chapter 17.102
NONCONFORMING BUILDINGS OR USES
Sections:
17.102.010 Existing uses – Continuance permitted when.
17.102.025 Expansion, alteration, or reconstruction of nonconforming buildings and uses.
17.102.040 Application and permit type.
17.102.070 Approval or denial of application – Standards.
17.102.130 Existing uses – Certification issued when.
17.102.010 Existing uses – Continuance permitted when.
The lawful use of a structure or building existing as of the effective date of these provisions may continue although such use does not conform to the regulations contained herein; provided, that if such nonconforming use is abandoned, any future use of a structure or building shall conform to the regulations of the district in which it is located. Except in cases of force majeure events beyond the control of owner, discontinuance of a nonconforming use of land, structure or building for a continuous period of 12 months shall be prima facie evidence of intention to abandon. (Ord. 3513 § 3, 2011).
17.102.020 Expansion, alteration or reconstruction of nonconforming buildings utilized for conforming uses.
A. Ordinary maintenance and repair of a nonconforming building or structure and its equipment or fixtures are permitted; provided, that the value of the repair does not exceed 50 percent of the fair market value as established by an insurance company, appraisal or other equal and fair method. If a nonconforming building is damaged or destroyed by fire, earthquake, explosion, act of God, or public enemy, or other similar event beyond the control of the property owner, it may be reconstructed to the extent of 100 percent of the replacement cost of the structure. Such damaged or destroyed building or structure may be reconstructed and utilized for any conforming use based on dimensions that do not exceed those contained in the footprint at the time of the damage or destruction, and within the height of the structure at the time of the damage or destruction, and except for any applicable setback provisions, must conform to the building code and applicable underlying zoning district development standards for reconstruction of nonconforming structures; provided, that (1) application is made for the permits necessary to restore the building within six months of the date the damage occurred, (2) all permits are obtained, and (3) the restoration is completed within two years of permit issuance.
B. Except as set out below, an existing nonconforming building or structure utilized for a conforming use may be enlarged or expanded only if it conforms to the regulations of this document and of the building code such that, when completed, it will no longer be a nonconforming building or structure. Structures or buildings located within the “urban mixed-use” environmental designation under the city’s shoreline master program (or any successor thereto) that were (1) legally established; and (2) are utilized for a conforming use; but (3) are nonconforming with regard to setback requirements may be enlarged or expanded and utilized for any conforming use under the applicable zoning classification; provided, that any such enlargement or expansion: (4) does not result in a further extension of the building footprint into restricted setbacks under the applicable zoning classification; (5) does not extend the footprint of the structure any closer to the shoreline than the current design; (6) will not interfere with or obstruct dedicated public access routes to the shoreline, per applicable requirements set out herein; (7) will meet any construction standards enacted by the city to protect adjacent flood risk reduction structures; and (8) will otherwise adhere to underlying development and building regulations. (Ord. 3513 § 3, 2011).
17.102.025 Expansion, alteration, or reconstruction of nonconforming buildings and uses.
An existing nonconforming building and/or nonconforming use may not be enlarged, expanded, or reconstructed for the continuance of its nonconformity or nonconformities, except by granting of a nonconforming alteration permit under this chapter. (Ord. 3873 § 3, 2023; Ord. 3775 § 17, 2019).
17.102.030 Authority to grant special permission.
Repealed by Ord. 3873. (Ord. 3775 § 18, 2019).
17.102.040 Application and permit type.
A. Application. All applications shall contain all of the items requested in MVMC 14.05.210. No application shall be accepted as complete unless it complies with such requirements.
B. Permit Types.
1. Nonhabitable Space. For purposes of this section, nonhabitable space means decks, porches, eaves, and garage additions. An application for a nonconforming alteration permit of a nonhabitable space shall be processed as a Type II permit under Chapter 14.05 MVMC when the following apply to the project proposed in the application:
a. Enlargement, expansion, or reconstruction of nonhabitable space where the space conforms to the building code and the applicable underlying zoning district development standards.
b. Enlargement, expansion, or reconstruction of a structure that is only nonconforming as a result of nonhabitable space extending into a setback.
2. Except as provided in subsection (B)(1) of this section, all applications for a nonconforming alteration permit shall be processed as a Type III permit under Chapter 14.05 MVMC. As a Type III permit, a nonconforming alteration permit may be granted by the hearing examiner, after recommendation by the director, a public hearing, and review by the hearing examiner. (Ord. 3873 § 5, 2023; Ord. 3513 § 3, 2011).
17.102.050 Fee.
Each application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the community and economic development department. No action shall be taken upon the application until the fee has been paid. (Ord. 3513 § 3, 2011).
17.102.060 Public hearing notification.
Repealed by Ord. 3873. (Ord. 3513 § 3, 2011).
17.102.070 Approval or denial of application – Standards.
A nonconforming alteration permit may be approved when the decision maker determines that there will be no material adverse effect upon the use and enjoyment of the properties within the area that conform to the existing zoning regulations after considering the following:
A. The effect of such enlargement, expansion or reconstruction on the appearance and use of the area that might be affected;
B. The effect of the granting of such permit on traffic patterns in the area;
C. The adequacy of parking facilities provided or to be provided;
D. The effect on adjacent and nearby property or the economic effect of the proposed expansion, alteration or reconstruction on both the applicant and the owners of property in the vicinity. (Ord. 3873 § 7, 2023; Ord. 3513 § 3, 2011).
17.102.080 Approval of application – Procedure.
Repealed by Ord. 3873. (Ord. 3513 § 3, 2011).
17.102.090 Denial of application – Appeal.
Repealed by Ord. 3429. (Ord. 3092 § 78, 2002; Ord. 2967 § 1, 1999; Ord. 2855 § 7, 1997; Ord. 2352, 1989).
17.102.100 Appeal of city council decision.
Repealed by Ord. 3873. (Ord. 3513 § 3, 2011).
17.102.110 Destroyed buildings – Reconstruction restriction.
Repealed by Ord. 3513. (Ord. 2352, 1989).
17.102.120 Permit expiration.
The decision maker in MVMC 17.102.040 shall impose a time of expiration on permits granted, not exceeding two years; provided, that the decision maker may authorize one extension as allowed under MVMC 14.05.140(C). (Ord. 3873 § 10, 2023; Ord. 3513 § 3, 2011).
17.102.130 Existing uses – Certification issued when.
Upon a written request of the owner, the community and economic development department director, after inspection, shall issue to the owner a certificate of use or occupancy for any building or land existing as of the effective date of the ordinance codified in this title, certifying the use of the building or land and whether such use conforms to the provisions of this title. Where a plat is not already on file, the application for a certificate of use shall be accompanied by a survey in duplicate form such as is required for a permit. (Ord. 3513 § 3, 2011).