Chapter 23.66
NONCONFORMING USES1
Sections:
23.66.040 Nonconforming structures.
23.66.050 Repairs and maintenance.
23.66.060 Nonconforming parking lots.
23.66.070 Nonconforming landscaped areas.
23.66.090 Nonconforming shoreline uses.
23.66.010 Purpose.
It is the purpose of this chapter to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect the development and perpetuation of desirable residential, commercial and industrial areas with appropriate groupings of compatible and related uses. [Ord. 01-17 § 1].
23.66.020 Nonconforming lots.
A lot legally created that does not conform to the minimum area requirements established under the zone in which the lot is located is considered a nonconforming lot. A structure containing a conforming use may be built on any nonconforming lot; provided, that the applicable dimensional standards including setbacks, lot coverage and building height as required in this title are met; however, minimum lot width requirements do not have to be met. [Ord. 01-17 § 1].
23.66.030 Nonconforming uses.
Any preexisting lawful use of land that exists that is made nonconforming under the terms of this title as enacted may be continued, subject to the following provisions:
A. Unless otherwise authorized in this title, no such nonconforming use shall be enlarged or increased or extended to occupy a greater area and/or height than was occupied at the effective date of adoption of the ordinance codified in this title.
B. If any such nonconforming use ceases for any reason for a period of more than 12 consecutive months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. Upon request by the owner, the hearing examiner may grant an extension of time beyond the 12 consecutive months. Such time extensions may be granted by the hearing examiner upon a demonstration of hardship that the owner or tenant of the building had intention of continuing the nonconforming use but was unable to do so due to extraordinary circumstances beyond their control.
C. Unless otherwise authorized in this title, no existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located.
D. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided, that the hearing examiner, by making findings in the specific case, shall find that the proposed use is more appropriate to the zone than the existing nonconforming use. The hearing examiner shall consider the impacts of the existing nonconforming use on the surrounding properties and the anticipated impacts of the proposed new use on the surrounding properties. In permitting such change, the hearing examiner may require appropriate conditions and safeguards in accord with the provisions of this title.
E. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. [Ord. 01-17 § 1].
23.66.040 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, required yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its degree of nonconformity. Alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this section.
B. Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. [Ord. 01-17 § 1].
23.66.050 Repairs and maintenance.
If any building is devoted in whole or in part to any nonconforming use, normal maintenance and repair or incidental alterations may be made in any period of 12 consecutive months in accordance with the following limitations:
A. Ordinary maintenance includes minor interior and exterior repairs and incidental alterations. Minor maintenance and repair may include but is not limited to painting, roof repairs and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls and partitions. Ordinary maintenance and incidental alterations shall not exceed 20 percent of the value of the building at the time of repair or alteration. The calculation for determining 20 percent of the value shall be based on the records of the assessed value of the structure as determined by the records of the Benton County assessor and the valuation of the proposed maintenance or alteration as determined by the latest edition of the ICC Building Valuation Data.
B. No building damaged by fire or other causes to the extent of more than 50 percent of the assessed value of the structure as determined by the records of the Benton County assessor shall be repaired or rebuilt. The calculation for determining 50 percent of the value shall be based on the records of the assessed value of the structure as determined by the records of the Benton County assessor and the valuation of the proposed repair or rebuild as determined by the latest edition of the ICC Building Valuation Data.
C. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any nonconforming building ordered by any official charged with protecting public health or safety.
D. Any structure or portion thereof declared unsafe by the building official may be restored to a safe condition and continue as a nonconforming use, unless such repairs exceed 50 percent of the assessed valuation of the structure as determined by the records of the Benton County assessor. The calculation for determining 50 percent of the value shall be based on the records of the assessed value of the structure as determined by the records of the Benton County assessor and the valuation of the proposed restoration as determined by the latest edition of the ICC Building Valuation Data. [Ord. 01-17 § 1].
23.66.060 Nonconforming parking lots.
A. Nothing contained in this chapter shall be construed to require a change in any aspect of a structure or facility covered thereunder including, without limitation, parking lot layout, loading space requirements and curb cuts, for any structure or facility which existed on the date of adoption of the ordinance codified in this title.
B. If a change of use takes place or an addition is proposed which requires an increase in the parking area by an increment less than 50 percent, the requirements shall be complied with for the additional parking area.
C. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment greater than 50 percent, the requirements shall be complied with for the entire parking area. [Ord. 01-17 § 1].
23.66.070 Nonconforming landscaped areas.
A. Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscaped improvements for any legal landscape area which existed on the date of adoption of the ordinance codified in this title, unless and until a change of use or alteration of the structure is proposed.
B. At such time as a change is proposed for a use or structure and associated premises which does not comply with the landscape requirements of this title, a landscape plan which conforms to the requirements of this title shall be submitted to the city for approval. Once approved, the landscape plan shall be completed prior to the time a certificate of occupancy is issued for the project. [Ord. 01-17 § 1].
23.66.080 Special uses.
A legal use does not become nonconforming because the zone in which it is located is changed to a zone which requires a special use permit for the use, or because the use is changed from an allowed use to a special use within the same zone; provided, however, that expansion of the use may not be allowed or buildings may not be enlarged without first obtaining a special use permit, as long as the use remains the same. [Ord. 01-17 § 1].
23.66.090 Nonconforming shoreline uses.
In addition to the regulations set forth within this chapter, for any property falling under the jurisdiction of the Shoreline Management Act, Chapter 98.50 RCW, the administrator shall find that alteration, repair, or extension of any nonconforming use or structure is consistent with the master program, including requirements for no net loss of shoreline ecological functions. [Ord. 01-17 § 1].
Prior legislation: Ords. 28-05 and 04-09.