Chapter 19.25
NONCONFORMING USES AND STRUCTURES
Sections:
19.25.020 Continuing lawful use of property.
19.25.030 Nonconforming structures.
19.25.040 Completion of permanent structures.
19.25.010 Applicability.
A. Legal nonconforming uses and structures include:
1. Any use which does not conform with the present regulations of the zoning district in which it is located that was in existence and in continuous and lawful operation prior to the adoption of SVMC Title 19;
2. Any permanent structure in existence and lawfully constructed at the time of any amendment to SVMC Title 19, which by such amendment is placed in a zoning district wherein it is not otherwise permitted and has since been in regular and continuous use;
3. Any permanent structure lawfully used or constructed that was in existence at the time of annexation into the City and which has since been in regular and continuous use;
4. Existing legally established single-family residential structures located in a nonresidential zoning district shall not be deemed nonconforming and shall be permitted as a legal structure.
B. Structures or uses deemed nonconforming only pursuant to the SMA (Chapter 90.58 RCW) and the City SMP (Chapter 21.50 SVMC, Shoreline Regulations) shall comply with the provisions of SVMC 21.50.160. (Ord. 20-013 § 3, 2020; Ord. 16-018 § 6 (Att. B), 2016).
19.25.020 Continuing lawful use of property.
A. The lawful use of land at the time of passage of SVMC Title 19, or any amendments hereto, may be continued, unless the use is discontinued or abandoned for a period of 12 consecutive months; except that any nonconforming use discontinued as a result of foreclosure or judicial proceedings, including probate, shall be permitted to continue for a period not to exceed 24 months. The right to continue the nonconforming use shall transfer to all successive interests in the property. Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance.
B. A nonconforming use that is abandoned or discontinued shall not be replaced with another nonconforming use.
C. A nonconforming use which has not been abandoned or discontinued may be replaced with a conforming use or another nonconforming use when the use meets the following criteria:
1. The new use is not less conforming than the prior use. This determination shall be made by the city manager or designee;
2. The proposed use does not place a greater demand on transportation and other public facilities than the original use; and
3. The proposed use does not adversely impact the use of neighboring property.
D. A nonconforming use may be expanded only within the boundaries of the original lot and any adjacent lot having the same ownership and zoning classification as the lot at the time the use on the original lot became nonconforming, if:
1. The expanded use does not degrade the transportation level of service greater than the original use;
2. The expanded use does not adversely impact the use of neighboring property;
3. The expansion does not create additional development opportunities on adjacent lots that would not otherwise exist; and
4. The use is not a single-family residential use.
E. Residential lots made nonconforming relative to dimensional requirements shall be deemed conforming if the use is allowed in the respective zoning district.
F. Nonconforming uses that do not provide the required number of off-street parking spaces pursuant to current standards shall not be required to meet parking standards.
G. Any nonconforming use damaged by fire, flood, neglect, or act of nature may be replaced if:
1. Restoration of the use is initiated within 12 months; and
2. The damage represents less than 80 percent of market value.
H. Any nonconforming use changed to a conforming use shall not be permitted to convert to a nonconforming use. (Ord. 20-013 § 3, 2020; Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
19.25.030 Nonconforming structures.
A nonconforming structure may be expanded in accordance with the following:
A. The expansion or alteration does not change the occupancy classification under adopted building codes;
B. The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage; additions to nonconforming structures shall meet setbacks required within the zoning district;
C. The number of dwelling units does not increase so as to exceed the number of dwelling units permitted within current regulations;
D. Off-street loading and/or parking, stormwater facilities, and landscaping shall be provided for the alteration or expansion in accordance with Chapter 22.50 SVMC; and
E. Nonconforming structures damaged by fire, flood, neglect, or act of nature may be replaced if:
1. Restoration of the structure is initiated within 12 months; and
2. The damage represents less than 80 percent of market value of the structure. (Ord. 20-013 § 3, 2020; Ord. 16-018 § 6 (Att. B), 2016).
19.25.040 Completion of permanent structures.
Compliance with Chapter 19.25 SVMC shall not require changes to the plans, construction, or designated use of a structure for which:
A. A building permit has been issued or a site plan approved by the City or county prior to incorporation of the City or the effective date of SVMC Title 19; or
B. A substantially complete application for a building permit was accepted by the building official on or before the effective date of the SVMC Title 19; provided, that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within 180 days of the effective date of Chapter 19.25 SVMC. (Ord. 20-013 § 3, 2020; Ord. 16-018 § 6 (Att. B), 2016).