Chapter 13.15
LEGAL PRE-EXISTING USES AND STRUCTURES

Sections:

13.15.010    Purpose.

13.15.020    Applicability.

13.15.030    Determination of legal pre-existing use, site or structure.

13.15.040    Legal pre-existing uses of land.

13.15.050    Legal pre-existing structures and other improvements.

13.15.060    Maintenance, repair or reconstruction of damaged legal pre-existing structures or other improvements.

13.15.070    Lots of record.

13.15.080    Illegal use, structure, or other improvement.

13.15.090    Vested development.

13.15.010 Purpose.

The purpose of this chapter is to establish the legal status of legal pre-existing uses, structures and other site improvements in shoreline jurisdiction by creating provisions through which such uses, structures and other improvements may be established, maintained, altered, reconstructed, expanded or abated. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.020 Applicability.

A.    All legal pre-existing uses, structures and other improvements located within shoreline jurisdiction shall be subject to the provisions of this chapter.

B.    The provisions of this chapter do not supersede or relieve a property owner from compliance with:

1.    The requirements of the International Building and Fire Codes;

2.    The requirements of the Bothell Municipal Code; or

3.    The provisions of the SMP beyond the specific nonconformance addressed by this chapter. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.030 Determination of legal pre-existing use, site or structure.

A.    Any shoreline use, structure or other site improvement (e.g., landscaping, utilities, or parking) that was legally established prior to the effective date of this SMP shall be considered a legal pre-existing use, site or structure if:

1.    The legal pre-existing use is now prohibited or cannot meet use limitations applicable to the use environment in which it is located; or

2.    The structure or other site improvement does not comply with the dimensions, landscaping, parking, design or other standards of the SMP.

B.    A change in the required permit review process (e.g., shoreline substantial development permit versus a shoreline conditional use permit) shall not create a use that is not consistent with the SMP.

C.    Any nonconformance that is brought into conformance for any period of time shall forfeit status as nonconformance, except as specified in BMC 13.15.040. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.040 Legal pre-existing uses of land.

If, at the effective date of the SMP, February 6, 2013, or any amendment thereto, a lawful use of land exists that is made no longer permissible under the terms of this SMP or any amendments thereto, such use may be continued as a legal use so long as it remains otherwise lawful, subject to the following conditions:

A.    No legal pre-existing use shall be intensified, enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of the SMP, February 6, 2013, or the amendment that made the pre-existing use no longer permissible; provided, that a legal pre-existing use may be enlarged, increased or extended in conformance with applicable bulk, dimensional and buffer standards of this SMP upon approval of a shoreline conditional use permit.

B.    No legal pre-existing use shall be moved in whole or in part to any other portion of the lot which contains the nonconforming use.

C.    If any legal pre-existing use of land ceases for any reason for a period of one year over a three-year period, any subsequent use of such land shall conform to the regulations specified by this SMP for the use environment in which such land is located.

D.    A structure which is being or has been used for a legal pre-existing use may be used for a different legal pre-existing use only upon a finding that:

1.    No reasonable alternative conforming use is practical; and

2.    The proposed use will be at least as consistent with the policies and provisions of the SMP and be compatible with the uses allowed by the underlying land use zoning classification.

3.    In addition the shoreline administrator or hearing examiner may attach conditions to the permit that are deemed necessary to assure compliance with the above criteria, the requirements of the master program and the Act and to assure that the use will not become a nuisance or a hazard. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.050 Legal pre-existing structures and other improvements.

If, at the effective date of the SMP, February 6, 2013, or any amendment thereto, a lawful structure or other improvement exists which is made no longer permissible under the terms of this SMP or amendment thereto, such structure or other improvement may be continued as a legal pre-existing structure or other improvement so long as it remains otherwise lawful, subject to the following conditions:

A.    No legal pre-existing structure or other improvement shall be altered or changed in a way which increases its nonconformity except as allowed in subsection B of this section.

B.    Expansions of legal pre-existing structures that are not consistent with respect to any required shoreline buffer:

1.    May not encroach any further waterward into the required buffer unless allowed through the provisions of Chapter 13.13 BMC and any mitigation requirements.

2.    Greater expansions or alterations of a legal pre-existing structure may require a shoreline variance.

C.    Nothing in this section will prohibit vertical expansion to the height limits allowed in the applicable use environment, provided all other requirements of city development regulations are met.

D.    Upkeep, repairs and maintenance of a legal pre-existing structure or other improvement shall be permitted.

E.    Internal modifications or revisions such as tenant improvements that do not alter any portion of the building exterior to site area shall be permitted. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.060 Maintenance, repair or reconstruction of damaged legal pre-existing structures or other improvements.

A.    This section only applies to activities related to this SMP.

B.    A legal pre-existing structure may be maintained, repaired, renovated or structurally altered provided such maintenance, repair or alteration does not increase its nonconformity with the provisions of this SMP or the development permit which authorized the legal pre-existing structure.

C.    All expansion, extension, maintenance or repair activities of legal pre-existing structures or improvements shall be consistent with all other provisions of the Bothell Municipal Code.

D.    A legal pre-existing structure or other improvement destroyed by fire or acts of nature may be repaired or reconstructed to the same or smaller configuration nonconformity that existed at the time the structure was destroyed; provided, that:

1.    The repair or reconstruction does not increase the previous pre-existing condition; and

2.    The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage.

E.    Should such legal pre-existing structure or other improvement be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the use environment in which it is located. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.070 Lots of record.

In any use environment in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling may be erected on any single lot of record except lots wholly covered by water.

A.    A lot of record is defined by utilizing the following criteria:

1.    A lot created via the subdivision process of Chapter 58.17 RCW;

2.    A lot which has a conveyance of record prior to November 5, 1951;

3.    Any lot which was a legal lot under the regulations or standards of King or Snohomish County prior to annexation or incorporation into the city of Bothell; and

4.    Any legal lot of record.

B.    The proponent or applicant for any permit application involving a lot of record shall be required to provide information and documentation demonstrating consistency with this section.

C.    Variance of area width and yard setback requirements shall be obtained only through the variance process as outlined in Chapter 13.17 BMC, Administration, Permits, and Enforcement. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.080 Illegal use, structure, or other improvement.

Any use, structure or other improvement which cannot be established as a legal pre-existing use, structure or other improvement shall be deemed illegal and be subject to abatement by removal or conformance with this SMP or amendments thereto and restoration of ecological damage resulting from the illegal use, structure or improvement in accordance with procedures set forth in BMC 13.17.140, Enforcement authority. (Ord. 2112 § 3 (Exh. C), 2013).

13.15.090 Vested development.

Pre-existing legal structures are considered conforming to the SMP and are subject to the legal, pre-existing provisions of this chapter. Vested development applications are considered conforming to the SMP subject to any conditions of approval and stipulations of the vested development permit or application. (Ord. 2112 § 3 (Exh. C), 2013).