Chapter 17.79
NONCONFORMING USES, STRUCTURES, AND LOTS
Sections:
17.79.015 Establishment of a legal nonconformity.
17.79.020 Continuation of nonconforming uses.
17.79.040 Nonconforming structure.
17.79.050 Change of a nonconforming use.
17.79.010 Intent.
(a) Within the zones established by this title and amendments thereto, there exist uses, structures, and lots which were lawful at the time of their establishment but are prohibited, regulated, or restricted under the existing zone requirements or future amendments. It is the intent of this chapter to permit these nonconformities to continue and be maintained until they are moved or discontinued, but not to encourage their survival.
(b) This chapter sets forth the legal status of nonconforming uses, structures, and lots and establishes when and under what circumstances nonconforming aspects of a use, structure, development, or lot must be brought into conformance with the provisions of this title.
(c) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or site legally established. The intent of this chapter is to set forth the conditions under which these nonconformities may continue to exist until such time they are discontinued as prescribed by law.
(d) A use which becomes nonconforming through the actions of the owner or occupant of the land shall be terminated immediately.
(e) Any residential use of a structure which:
(1) Exists on a property on or before March 1, 2016; and
(2) Is a nonconforming use of the zone in which the property is located; and
(3) The structure violates any provision of Title 14, may be allowed to continue if the owner:
(A) Enters into a voluntary compliance agreement in accordance with Chapter 1.20 et seq.;
(B) Obtains the necessary permits and completes the work necessary to bring the property into compliance with all applicable building codes; and
(C) Ensures that existing tenants on the property have substitute housing (at no additional cost to the tenant) while the owner completes said work during all times the tenant is required to move out of the premises to enable the owner to complete the work provided said requirement does not violate any provision of the Washington Landlord Tenant Act or other Washington State law. (Ord. 1619 § 1, 2024; Ord. 1465 § 6, 2016: Ord. 975 § 1 (part), 1995: Ord. 948 § 2 (part), 1995).
17.79.012 Definitions.
Definitions for this chapter:
(a) “Nonconforming lot” means a lot that does not meet the size, width, street access, or other requirements of its zoning area, but was legally created before the current zoning rules took effect.
(b) “Nonconforming structure” means a building that does not meet the required distances from property lines, height limits, or other zoning rules, but was legally built before the current zoning rules took effect or was given special permission (variance).
(c) “Nonconforming use” means any activity or condition that is not allowed by the current zoning rules but was legally established before those rules took effect and has been continuously maintained. This can apply to buildings or parts of buildings, as well as land uses.
(d) “Substantial destruction” means damage to a building that is more than seventy-five percent of its assessed value as determined by the Adams County assessor. If the assessed value is not available, an appraised value can be used instead if the applicant requests it and the director approves. For structures that are not usually assessed (like decks, sheds, or garages), substantial destruction occurs if seventy-five percent or more of the structure is replaced. (Ord. 1619 § 1, 2024).
17.79.015 Establishment of a legal nonconformity.
A party asserting the existence of a lawfully established nonconforming use, lot, or structure has the burden of proof that the use, lot, or structure was not substandard in meeting the requirements of the zone which were in effect at its creation. (Ord. 1619 § 1, 2024).
17.79.020 Continuation of nonconforming uses.
(a) Any legally established nonconforming use may be continued until such time that it is discontinued as prescribed in subsection (b) of this section.
(b) Discontinuation. A nonconforming use that is discontinued shall have its legal nonconforming status terminated and any subsequent use of the property or building shall be that of a use that conforms to the requirements of the zone. A nonconforming use is determined to be discontinued if any of the following circumstances apply:
(1) The nonconforming use is changed to a conforming use;
(2) The nonconforming use has ceased for a period of more than one year;
(3) The structure containing a nonconforming use has suffered substantial destruction as a result of fire or other casualty and a complete building permit application complying with current building codes is not filed within one year of such fire or other casualty.
(c) Repair and Maintenance. A building or structure containing a nonconforming use may be repaired and maintained if the cost of the work does not exceed seventy-five percent of the assessed value of the structure. Any work requiring a building permit shall be to current building code.
(d) Expansion/Addition. A nonconforming use may not be expanded or enlarged, except that a residential dwelling may add building area and accessory structures so long as the number of dwelling units is not increased.
(e) There may be a change of tenancy, ownership, or management of an existing nonconforming use, structure, or building, provided there is no change in the nature or character of such nonconforming use except to a conforming use. (Ord. 1619 § 1, 2024; Ord. 975 § 1 (part), 1995: Ord. 948 § 2 (part), 1995).
17.79.040 Nonconforming structure.
A structure conforming with respect to use but nonconforming with respect to height, setback or coverage may be altered or extended if the alteration or extension does not deviate further from the standards of this title. (Ord. 1619 § 1, 2024; Ord. 948 § 2 (part), 1995).
17.79.045 Nonconforming lots.
(a) Continuation and Development. A nonconforming lot may be developed for any use allowed by the zone, provided the development meets, through design or by an approved variance, the requirements of the zone in which it is located.
(b) Lot Modifications, Divisions, or Adjustments. No lot may be modified, divided, or adjusted in a manner that would violate dimensional area or other requirements of the zone in which it is located. (Ord. 1619 § 1, 2024).
17.79.050 Change of a nonconforming use.
If a nonconforming use is replaced by another use, the new use shall conform to this title and shall not subsequently be replaced by a nonconforming use. (Ord. 1619 § 1, 2024; Ord. 948 § 2 (part), 1995).
17.79.060 Change of district.
The provisions of this chapter shall also apply to nonconforming uses in districts hereafter changed or established. (Ord. 1619 § 1, 2024; Ord. 948 § 2 (part), 1995).
17.79.070 Annexation.
Lots, structures, uses of land and structures that were legally in existence prior to annexation to the city, but that do not conform to the requirements of the zone in which they are located following the date of annexation, shall become a legal nonconformity subject to the requirements of this chapter. (Ord. 1619 § 1, 2024; Ord. 948 § 2 (part), 1995).
17.79.080 Appeals.
Decisions made under this chapter may be appealed in compliance with Chapter 19.11, Appeals. (Ord. 1619 § 1, 2024; Ord. 975 § 1 (part), 1995: Ord. 948 § 2 (part), 1995).