Chapter 21.14
NONCONFORMANCE
Sections:
21.14.030 Burden of proof for establishing a nonconformance.
21.14.050 Nonconforming structures.
21.14.060 Nonconforming design standards.
21.14.070 Nonconforming signs.
21.14.080 Unlawful uses and structures.
21.14.090 Abatement of public nuisance.
21.14.010 Finding.
The City recognizes that land, structures, and uses of land and structures that do not conform to this title are detrimental to the public interest. The City also recognizes that it would be unfair to require nonconformance to immediately cease. The intent of this chapter is to establish regulations and procedures which protect rights associated with legally established nonconformance and for the eventual elimination of nonconformance. (Ord. 737 § 2 (Att. A), 2022)
21.14.020 Applicability.
(1) This chapter applies to all uses, structures and other forms of development regulated under, but not complying with, the UDC.
(2) All structures for which a variance was approved shall be considered legal nonconforming structures for which the requirements of this chapter shall apply.
(3) This chapter does not apply to uses, structures and other forms of development located within the shoreline jurisdiction, which are subject to the nonconformance provisions in WMC 21.73.080. (Ord. 737 § 2 (Att. A), 2022)
21.14.030 Burden of proof for establishing a nonconformance.
A person or party asserting the existence of a lawfully established nonconformance has the burden of proving that the condition satisfied the requirements of the development regulation in effect at its creation. (Ord. 737 § 2 (Att. A), 2022)
21.14.040 Nonconforming uses.
“Nonconforming uses” are defined in WMC 21.11A.150. The following apply to all nonconforming uses:
(1) Any legally established nonconforming use may continue until such time that the rights to the nonconformance are abandoned pursuant to subsection (3) of this section;
(2) A nonconforming use may not be expanded, have its floor area increased, or any other element of the nonconforming use increased;
(3) A nonconforming use shall be determined abandoned and all rights to the nonconformance lost if one or more of the following apply:
(a) The use is changed to a different use (this does not include changes involving only ownership where the use otherwise is not affected); or
(b) The use is discontinued for a period of 12 consecutive months or more; or
(c) The use is discontinued for a total of 12 months or more during any 24-consecutive-month period.
(4) A structure conforming to development regulations but containing a nonconforming use, or used in support of a nonconforming use, which experiences damage to the extent that it can no longer be occupied by the nonconforming use, may have rights to the nonconforming use continued if:
(a) A complete building permit application to replace the structure is filed with the City within six months of the event causing the damage; and
(b) When the damage is due to fire, natural disaster, or casualty event, the Director may grant up to three one-year extensions to subsection (4)(a) of this section if the property owner requests in writing, and demonstrates with each extension request, that extenuating circumstances not of the property owner’s own making (e.g., resolution of an insurance claim) caused a delay in the submission. (Ord. 737 § 2 (Att. A), 2022)
21.14.050 Nonconforming structures.
“Nonconforming structures” are defined in WMC 21.11A.150. The following apply to all nonconforming structures:
(1) Any legally established nonconforming structure may continue until such time that the rights for the nonconformance are abandoned pursuant to subsection (4) of this section;
(2) Where multiple structures exist on the same lot, the requirements of this section shall apply to each structure independent of other structures;
(3) A nonconforming structure may be enlarged, extended, repaired, remodeled, or structurally altered provided the work does not increase the nonconformance and no new structure bulk or area is added to those parts of the building that are the cause of the nonconformance, except the Director may approve an increase in a nonconformance where it is reasonably necessary, and is the minimum necessary, to improve access for elderly or disabled persons;
(4) A nonconforming structure shall be determined to have its nonconformance abandoned and all rights to the nonconformance lost if:
(a) A nonconforming structure meeting the definition of “building” in WMC 21.11A.030 experiences substantial destruction; or
(b) For all other structures other than a building, the structure experiences reconstruction;
(5) Where the rights to a nonconforming structure have been abandoned, continuation of the nonconformance shall cease and any subsequent repair, remodel, alteration, or rebuilding shall require the entire structure to be brought into compliance with the applicable regulations in effect;
(6) A nonconforming structure that experiences substantial destruction or reconstruction may have the rights to the nonconformance continued provided all the following apply:
(a) The loss of the structure is the result of a fire or other casualty not intentionally caused by the owner or tenant of the property;
(b) The nonconforming structure is a detached single-family dwelling and replacement is within the original configuration of the building immediately prior to the substantial destruction;
(c) Alterations including additions to the original configuration may be authorized provided the alteration does not add any new bulk or area to those parts of the building that are the cause of the nonconformance;
(d) A complete building permit application to replace the building is filed with the City within three years of such fire, natural disaster, or casualty event; and
(e) The Director may grant up to two one-year extensions to subsection (6)(d) of this section if the property owner demonstrates with each extension request that extenuating circumstances not of the property owner’s own making (e.g., resolution of an insurance claim) caused a delay in the submission. (Ord. 737 § 2 (Att. A), 2022)
21.14.060 Nonconforming design standards.
Nonconformance with the design standards set forth in Chapters 21.33, 21.34 and 21.35 WMC are not subject to this chapter. (Ord. 737 § 2 (Att. A), 2022)
21.14.070 Nonconforming signs.
(1) This section applies to signs which are lawful at the time the sign was established, and are continuously maintained, but subsequently fail by reason of adoption, revision, or amendment to sign regulations to fully comply with present regulations.
(2) Legal nonconforming signs pursuant to subsection (1) of this section may continue to exist until such time that the rights to the nonconformance are abandoned pursuant to subsection (5) of this section.
(3) Legal nonconforming signs may be removed for cleaning and routine maintenance provided they are reinstalled within 60 days of their removal.
(4) A legal nonconforming sign may have changes made to the sign, provided the changes do not increase the nonconformance.
(5) A legal nonconforming sign shall be determined to have its nonconformance abandoned and all rights to the nonconformance lost if:
(a) The sign is damaged, and repair is in excess of 50 percent of the predamaged value of the sign; or
(b) The business to which the nonconforming sign pertains, ceases operations and a new business does not reestablish the use of the nonconforming sign within 90 days from the date the prior business ceased operations; or
(c) Except as set forth in subsection (3) of this section, any time a legal nonconforming sign is removed or moved to a new location.
(6) Where the rights to a legal nonconforming sign have been abandoned, continuation of the nonconformance shall cease and any subsequent repair, remodel, alteration, or rebuilding shall require the sign to be brought into compliance with the applicable sign regulations in effect. Nonconforming signs that have their nonconforming rights abandoned shall be removed within 90 days.
(7) Special Provisions for Billboards.
(a) Erecting new billboards inside the City boundaries is prohibited.
(b) Existing billboards shall be subject to the following:
(i) Billboards shall not be altered in size, shape, orientation, height, advertising method or function such as three-dimensional moving or lighted display, or relocated;
(ii) Ordinary repairs to maintain the structural integrity and appearance of a billboard is allowed, provided subsections (7)(b)(i) and (iv) of this section are followed;
(iii) Replacing the billboard copy only is allowed and does not require a permit;
(iv) Any billboard damaged or requiring repair shall be permanently removed if the cost to restore the billboard is in excess of 50 percent of the predamaged value of the billboard;
(v) Any billboard violating the provisions in this subsection (7) shall be permanently removed and shall not be reerected elsewhere in the City;
(vi) Billboards requiring removal shall be removed within 90 days. Failure to remove a billboard shall be subject to enforcement pursuant to Chapter 21.12 WMC. (Ord. 737 § 2 (Att. A), 2022)
21.14.080 Unlawful uses and structures.
(1) Uses and structures that do not comply with applicable development regulations in effect at the time of establishment are determined illegal and subject to enforcement as prescribed by law.
(2) Nothing in this section shall be interpreted as granting any right to continue occupancy of property containing an illegal use or structure.
(3) The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use, structure, and/or site. (Ord. 737 § 2 (Att. A), 2022)
21.14.090 Abatement of public nuisance.
Regardless of any provisions in this chapter, any nonconformance determined to be a public nuisance pursuant to Chapter 8.07 WMC shall be terminated. (Ord. 737 § 2 (Att. A), 2022)