Chapter 20.64
NONCONFORMING USES
Sections:
20.64.010 Nonconforming status designated.
20.64.030 Nonconforming lots of record.
20.64.040 Nonconforming structures.
20.64.050 Nonconforming uses of structures.
20.64.060 Nonconforming uses of land.
20.64.070 Construction begun prior to adoption of regulations – Actual construction defined.
20.64.080 Construction in annexed district.
20.64.085 Construction in area of borough located outside former city limits.
20.64.090 Conditional uses deemed conforming uses.
20.64.100 Repairs and maintenance.
20.64.110 Casualty destruction and rebuilding.
20.64.120 Permits for nonconforming uses in annexed district.
20.64.125 Permits for nonconforming uses in area of borough located outside former city limits.
20.64.130 Provisions not applicable to junkyards.
20.64.010 Nonconforming status designated.
A. When a lot, structure or use legally exists prior to the adoption of the ordinance codified in this title but does not meet the requirements of this title, it shall be permitted to continue only within the limits set forth in this chapter. Under such circumstances, the lot, structure or use shall have nonconforming status.
B. There are three types of nonconforming status:
1. Nonconforming Lots. The lot width or acreage is smaller than the minimum permitted in the zone in which it is located.
2. Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, coverage, height or other development requirements established for the zone in which it is located.
3. Nonconforming Uses of Land and/or Structures. The use to which land and/or structures is being put is not a principal, accessory or conditional use permitted in the zone in which it is located, and is not otherwise permitted in this title. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.25.010.]
20.64.020 Intent.
A. Within the zones established by this title and any future amendments there exist lots, structures, and uses of land and structures which were lawful before this title was passed or amended, but which would be prohibited under the terms of this title or future amendments.
B. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage the continuation of nonconforming uses or structures. Such uses are declared by this title to be incompatible with permitted uses in the zones involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.
C. With regard to the land and territory annexed by the former City of Wrangell on March 7, 1975, and within the zones established by the official zoning map, comprehensively amended to include the above referenced territory incorporated within the borough’s municipal boundaries pursuant to annexation, previously unzoned structures and uses have historically existed to date which fail to conform to the official zoning map as adopted herein.
D. In recognition of the fact that the annexation of March 7, 1975, placed a large land area of low density development within a zoned local governmental unit for the first time, resulting in long-established uses and structures becoming nonconforming, the intent of this title is to allow continuance of these uses under grandfather rights and to permit some of the nonconforming uses and structures to continue if there have been substantial investment and improvements to the land constructed for a specific business venture. These previously existing uses, as identified by permit, shall be allowed to continue until removed, and such uses may be maintained or replaced to their original value if destroyed, but shall not be enlarged upon, expanded nor extended, nor used as the grounds or predicate for adding other structures or uses prohibited elsewhere in the same zone.
E. In recognition of the fact that upon borough formation on May 30, 2008, a large area of land was placed within a local governmental unit for the first time, which, upon zoning, may result in long-established uses and structures becoming nonconforming, the intent of this title is to allow continuance of these uses under grandfather rights and to permit some of the nonconforming uses and structures to continue if there have been substantial investment and improvements to the land constructed for a specific business venture. These previously existing uses, as identified by permit, shall be allowed to continue until removed, and such uses may be maintained or replaced to their original value if destroyed, but shall not be enlarged upon, expanded nor extended, nor used as the grounds or predicate for adding other structures or uses prohibited elsewhere in the same zone. [Ord. 867 § 1, 2013; Ord. 833 § 49, 2009; Ord. 349 § 5, 1976; prior code § 95.25.020.]
20.64.030 Nonconforming lots of record.
A. In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. Except that nonconforming lots in the RMU district that do have contiguous frontage with other lots in the same ownership at the time the RMU district was created, those lots will retain their individual lot status. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations of the zone in which such lot is located. Variance of yard requirements and of other development requirements, except as specified in this subsection, shall be obtained only through action of the commission as provided in WMC 20.68.010.
B. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this title, and if all or part of the lots do not meet the requirements for lot width and area as established by this title, except for lots within the RMU district, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this title, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this title.
C. Any nonconforming lot of record within the RMU districts at the time the RMU district was codified that are in contiguous ownership may be retained as a separate lot. Lots subject to this provision are not required to be joined with the contiguous lot(s) in order to achieve the district minimum size. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.25.030.]
20.64.040 Nonconforming structures.
Where a lawful structure exists on the effective date of the ordinance codified in this title, or amendment of this title, that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its nonconformity.
B. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.25.040.]
20.64.050 Nonconforming uses of structures.
If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this title, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structures devoted to a use not permitted by this title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except if changing the use of the structure to a use permitted in the zone in which it is located.
B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this title, but no such use shall be extended to occupy any land outside such building.
C. 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 commission shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the commission may require appropriate conditions and safeguards, including public hearings, in accord with the provisions of this title.
D. 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.
E. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
F. Where nonconforming use status applies to a structure and premises in combination, removal of the structure shall eliminate the nonconforming status of the land.
G. When a structure which has a nonconforming use status as of the effective date of the ordinance codified in this title is destroyed by fire, the structure may be reconstructed only on the existing footprint within two years from the date it was destroyed and continue the nonconforming use status. For purposes of this section, the reconstructed structure must be 80 percent complete, according to the borough assessor, within two years from the date it was destroyed. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.25.050.]
20.64.060 Nonconforming uses of land.
Where, at the effective date of adoption or amendment of the ordinance codified in this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this title.
B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.
C. If any such nonconforming use of land ceases for any reason for a period of 12 consecutive months, any subsequent use of such land must conform to the regulations specified by this title and the zoning map for the district in which the land is located; and similarly, if any such nonconforming use of land is voluntarily abandoned, the same requirements shall apply immediately upon abandonment and, in this context, six months of discontinuance of the nonconforming use shall create a rebuttable presumption that the nonconforming use has been abandoned and 12 months of discontinuance shall create a conclusive presumption of abandonment. [Ord. 867 § 1, 2013; Ord. 349 § 5, 1976; prior code § 95.25.060.]
20.64.070 Construction begun prior to adoption of regulations – Actual construction defined.
A. To avoid undue hardships, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this title and upon which actual building construction has been diligently carried on.
B. “Actual construction” is defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction; provided, that actual construction work shall be diligently carried on until the completion of the building involved. [Ord. 867 § 1, 2013; Ord. 349 § 5, 1976; prior code § 95.25.070(1).]
20.64.080 Construction in annexed district.
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of a building or land which is nonconforming in the subject district when the structure or land use legally existed in the district prior to annexation on March 7, 1975; and it shall be permitted to continue as a nonconforming use if meeting the further specifications described below:
A. There must have been a substantial financial investment defined as a commitment or expenditure for building materials before March 7, 1975. “Construction” as defined in this section means materials in permanent position and fastened in a permanent manner with a permanent foundation.
B. There must have been substantial construction in existence before or diligent progress toward construction completion immediately following March 7, 1975. “Construction” as defined in this section means materials in permanent position and fastened in a permanent manner with a permanent foundation.
C. Construction commenced on a nonconforming structure or on a nonconforming use of land after March 7, 1975, but before the effective date of the ordinance codified in this title shall similarly enjoy grandfather rights and be recognized as a nonconforming use if the investment and construction requirements prescribed in the previous subsections are met, but only if a building permit was previously obtained therefor. [Ord. 867 § 1, 2013; Ord. 349 § 5, 1976; prior code § 95.25.070(2).]
20.64.085 Construction in area of borough located outside former city limits.
This section applies to land and structures located outside the boundaries of the former City of Wrangell, as those boundaries existed immediately prior to borough formation on May 30, 2008.
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of a building or land which is nonconforming in the subject district when the structure or land use legally existed in the district prior to May 30, 2008; and it shall be permitted to continue as a nonconforming use if meeting the further specifications described below:
A. There must have been a substantial financial investment defined as a commitment or expenditure for building materials before May 30, 2008. “Construction” as defined in this section means materials in permanent position and fastened in a permanent manner with a permanent foundation.
B. There must have been substantial construction in existence before or diligent progress toward construction completion immediately following May 30, 2008. “Construction” as defined in this section means materials in permanent position and fastened in a permanent manner with a permanent foundation. [Ord. 867 § 1, 2013; Ord. 833 § 50, 2009.]
20.64.090 Conditional uses deemed conforming uses.
Any use for which a conditional use permit is granted as provided in Chapter 20.68 WMC shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such zone. [Ord. 867 § 1, 2013; Ord. 349 § 5, 1976; prior code § 95.25.070(3).]
20.64.100 Repairs and maintenance.
On any nonconforming structure or on any buildings devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10 percent of the current replacement value of the building; provided, that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this title shall not be increased. [Ord. 867 § 1, 2013; Ord. 349 § 5, 1976; prior code § 95.25.070(4).]
20.64.110 Casualty destruction and rebuilding.
In the event of fire or other extended casualty loss of a nonconforming structure resulting in damage exceeding 50 percent of its assessed value, the structure may not be replaced if its permitted nonconforming use was for residential purposes of any classification. A nonconforming structure so damaged of commercial or industrial classification may be replaced to its original value, but the use shall not be enlarged upon, expanded nor extended, nor be used as the grounds or predicate for adding other nonconforming structures or prohibited uses. [Ord. 867 § 1, 2013; Ord. 349 § 5, 1976; prior code § 95.25.070(5).]
20.64.120 Permits for nonconforming uses in annexed district.
The continuation of nonconforming uses of land or structures, stated differently as the conferring of grandfather rights thereto, in districts subject to zoning classification following annexation to the former City of Wrangell on March 7, 1975, shall be allowed only by securing appropriate permits which will be granted by the planning and zoning commission. Applications for nonconforming use permits (or grandfather rights permits) as to structures and/or land must be filed with zoning administrator at City Hall on or before February 15, 1977, and no applications will be accepted thereafter. [Ord. 867 § 1, 2013; Ord. 833 § 51, 2009; Ord. 349 § 5, 1976; prior code § 95.25.075.]
20.64.125 Permits for nonconforming uses in area of borough located outside former city limits.
This section applies to land and structures located outside the boundaries of the former City of Wrangell, as those boundaries existed immediately prior to borough formation on May 30, 2008.
The continuation of nonconforming uses of land or structures, stated differently as the conferring of grandfather rights thereto, in districts subject to zoning classification following borough formation on May 30, 2008, shall be allowed only by securing permits which will be granted by the planning and zoning commission. Applications for nonconforming use permits (or grandfather rights permits) as to structures and/or land must be filed with the zoning administrator at City Hall within six months of classification of the land into a zoning district other than the “T” transition district (WMC 20.12.060). [Ord. 867 § 1, 2013; Ord. 833 § 52, 2009.]
20.64.130 Provisions not applicable to junkyards.
Notwithstanding the provisions of this chapter, no junked vehicle or junk shall be stored outside and no junk or wrecking yard shall be maintained in a location which is visible from a major road as defined in WMC 20.08.500 unless it is screened from view by a sight-obscuring fence of good appearance or hedge of good appearance. For the purposes of this section, “junk” means worn out and discarded material in general that may be turned to some use; especially old rope, chain, iron, copper, parts of machinery and bottles gathered or bought up by tradesmen called junk dealers, but not limited to commercial venture, and shall further include parts of buildings, fixtures and appliances; hence, rubbish of any kind; odds and ends. [Ord. 867 § 1, 2013; Ord. 349 § 5, 1976; prior code § 95.25.080.]