Chapter 17A.330
LEGAL PREEXISTING USES AND LOTS
Sections:
17A.330.010 Legal preexisting lots.
17A.330.020 Legal preexisting use in zoning district.
17A.330.030 Legal preexisting structure.
17A.330.010 Legal preexisting lots.
Those uses and structures which are permitted or conditional on a conforming lot within a zone district shall also be permitted or conditional on a legal preexisting lot located within the same zone. Legal preexisting lots which do not meet lot area and width requirements may be reduced in size by use of the boundary line adjustment process (OCC 16.04.080). These provisions shall apply even though such lot fails to meet the density requirements of the zone district, providing the lot meets current health district requirements for water and sewer. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.330.020 Legal preexisting use in zoning district.
Where lawful use of land within a zoning district exists at the effective date of adoption of this code, which is not permissible under the terms of this code, such use may be continued so long as it remains otherwise lawful. A legal preexisting use which is discontinued for three consecutive years shall be considered abandoned in accordance with this chapter. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.330.030 Legal preexisting structure.
Where a lawful structure exists at the effective date of adoption of this code that could not be built under the terms of this code, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. A structure may be enlarged or altered so long as the alteration does not make the structure more out of compliance with this title. For example, if a structure is located 15 feet from a property line which requires a 25-foot setback, then the addition may be constructed at 15 feet from the property line.
B. Should such a structure be destroyed by any means, in whole or in part, it may be replaced, or repaired, along existing foundation lines within three years, otherwise it shall be considered abandoned in accordance with this chapter.
1. Similar manufactured homes vary in size and shape. Therefore, manufactured homes may be replaced by similar manufactured homes along a similar footprint. Example: a single-wide may be replaced with a different sized single-wide so long as it is placed in the same location, although it may follow a slightly different foundation line.
C. Should such structure be moved any distance for any reason whatever, it shall thereafter have to comply with the general regulations for the district in which it is located after it is moved.
D. For nightly rentals located within the boundary of the Methow Valley More Completely Planned Area as designated by the Okanogan County comprehensive plan: structure used as a nightly rental, but has not been permitted as a nightly rental before January 1, 2021, must comply with Chapter 17A.270 OCC, Nightly Rentals. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.330.040 Abandonment.
Any legal preexisting use or nonconforming structure which is abandoned and/or discontinued for three consecutive years shall not be continued or reconstructed except in conformity with the provisions of this code.
A. Abandoned legal preexisting uses and buildings may be subject to the abatement provisions of this code (see OCC 17A.360.030).
B. When determining whether a use or structure has been abandoned, the administrator shall determine whether:
1. Substantial progress has been made to use the structure or continue the use in a reasonable manner and timeframe;
2. The use or structure is a verified nuisance; or
3. The use or structure presents a detriment to public health, safety, or general welfare. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.330.050 Unsafe buildings.
Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety. (Ord. 2016-4 § 1 (Att. A), 2016).