Chapter 19.36
NONCONFORMING USES
Sections:
19.36.020 Legal nonconforming uses may continue.
19.36.030 Expansion of uses or structures.
19.36.040 Destruction of premises.
19.36.060 Change from nonconforming use to any other use.
19.36.070 Pre-existing legal lots of record.
19.36.010 Purpose.
It is necessary to impose limitations upon nonconforming uses in order to gradually bring such uses into harmony with the intent and purpose of the Buckley comprehensive plan and the zoning code. It is thus intended by this chapter not to allow nonconforming uses to be enlarged or expanded or extended, nor to be used as a basis for adding other structures or uses prohibited elsewhere in the same zone. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 02-01 § 1, 2001; Ord. 1020 § 9, 1981).
19.36.020 Legal nonconforming uses may continue.
Buildings and uses which were legal at time of construction or initiation of use may continue, subject to the limitations of this chapter. If, at the time of construction or initiation of use, a building or use was legal based on the adopted codes of that time, the building or use may continue subject to the limitations of this chapter unless such building or use presents a hazard to the public health, safety, and general welfare in the city’s judgment. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 02-01 § 1, 2001. Formerly 19.36.015).
19.36.030 Expansion of uses or structures.
A nonconforming use shall not be expanded or enlarged by addition of other uses or structures; provided, however, it shall be lawful to construct additions or make improvements to an existing nonconforming single-family residence located in the HC, GC or CC zone of the city, so long as any such construction or remodeling does not exceed 50 percent of the appraised value of the existing structure and the construction or remodeling meets all bulk requirements and permitted uses of Chapter 19.20 BMC; and provided further, that nonconforming outbuildings may be relocated and/or reconstructed in accordance with the provisions of BMC 19.22.050(5) as now written or hereinafter amended. It is also unlawful to attach additional signs to a building or to add or enlarge signs anywhere on the exterior of the premises. A legal nonconforming use may be extended throughout an existing building, but said building or structure shall not be enlarged, except as permitted in this section, unless it is for a use permitted in the zone in which it is located. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 17-94 § 2, 1994; Ord. 13-88 § 1, 1988; Ord. 1020 § 9, 1981. Formerly 19.36.020).
19.36.040 Destruction of premises.
Any legal nonconforming building or structure which has been destroyed shall not be used again for nonconforming use, except as provided in this section. “Destruction” is defined as damage which in order to repair would cost more than 80 percent of the structure’s value prior to its destruction, or where more than 80 percent of the structure’s floor area is seriously damaged or destroyed. An existing, legal nonconforming, single-family residential dwelling unit located in the HC, GC or CC zone shall not be subject to this restriction and the destruction of any such nonconforming, single-family dwelling unit may be reconstructed so long as the reconstructed dwelling meets all bulk requirements and uses as set forth in the then-existing NMU zone as set forth in BMC 19.20.050. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 13-88 § 2, 1988; Ord. 1020 § 9, 1981. Formerly 19.36.030).
19.36.050 Abandonment.
If any nonconforming use is abandoned or vacant for any reason whatsoever for a period of more than six months, any subsequent use shall be in conformity with the requirements of the zone in which the use was located. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 9, 1981. Formerly 19.36.040).
19.36.060 Change from nonconforming use to any other use.
Any nonconforming use of land and/or buildings or structures shall not be changed to any other use unless said proposed use is a use that is permitted in the zone of which said legal nonconforming use is located. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 9, 1981. Formerly 19.36.050).
19.36.070 Pre-existing legal lots of record.
(1) Definition. A “nonconforming lot” is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development.
(2) Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of the district, so long as all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 23-89 § 1, 1989; Ord. 19-88 § 1, 1988; Ord. 6-86 § 1, 1986; Ord. 1020 § 9, 1981. Formerly 19.36.060).
19.36.080 Building safety.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 9, 1981. Formerly 19.36.070).