Chapter 17.04GENERAL PROVISIONS

Sections:

17.04.010
Title.
17.04.020
Map adopted.
17.04.030
Uses not designated.
17.04.040
Nonconforming uses.
17.04.050
Nonconforming buildings and structures.
17.04.060
Nonconforming lots of record.
17.04.070
Controlling provisions.
17.04.080
Severability.
17.04.010Title.

This title shall be known as the “Zoning Ordinance of the City of Cle Elum.”

(Ord. 1163 § 1 (part), 2001)

17.04.020Map adopted.

This title consists of the text hereof together with that certain map identified by the approving signatures of the mayor and the city clerk on the title page and marked and designated as “The map of the zoning ordinance of the City of Cle Elum,” which map is on file in the office of the city clerk. The map has been examined by the city council and is adopted as part of this title. The title, and each and all of its terms, is to be read and interpreted in the light of the contents of the map. In the event of any conflict between the map and the text of this title, the text of this title shall prevail.

(Ord. 1163 § 1 (part), 2001)

17.04.030Uses not designated.

The planning director may permit in a district any use not described in this title which is deemed by the planning director to be in general keeping with the uses authorized in such district and is consistent with the provisions of the comprehensive plan. Such decisions by the planning director may be appealed per provisions of Section 17.100.120.

(Ord. 1163 § 1 (part), 2001)

17.04.040Nonconforming uses.

The lawful use of any building, structure, land or sign in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be continued subject to the limitations of this section.

A. Expansion – No existing building, structure or land devoted to a nonconforming use shall be expanded, enlarged, reconstructed, intensified or structurally altered unless the use thereof is changed to a use permitted in the zoning district in which the building, structure, or land is located.

B. Change – When authorized by the planning director, a nonconforming use may be changed to a use of a like nature or use that is more in conformance with the existing regulations.

C. Extension – When authorized by the planning director, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations except those required by law are made therein.

D. Discontinuance – When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of one year, such use shall be considered abandoned and lose its nonconforming status. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the one-year period of discontinuance.

E. Reversion – If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.

F. Residential exception – Legally established residential uses located in any residential zoning district shall not be deemed nonconforming for the purposes of residential alteration, residential enlargement or residential expansion provided:

1. The residential use was legally established.

2. The residential use was established at least fifty-years prior to the adoption of this regulation.

3. The residential use has been continuous and has never lapsed for more than twelve consecutive months.

4. The residential use shall comply with the development standards of the underlying zone in which it is located.

5. A declaration of covenant between the property owner and the City of Cle Elum must be completed and executed prior to the issuance of a building permit, and shall be recorded with the Kittitas County Auditors Office, stating generally:

The current Residential use and proposed expansion, enlargement or alteration is not located within a residential zone and is therefore subject to noise, dust, vibration, smoke, activity, and the like associated with legally permitted uses in the zoning district. Legally permitted uses in compliance with Cle Elum Municipal Code in any zone have the right to continue without hindrance.

(Ord. 1279 § 2 (Attach. B), 2007; Ord. 1163 § 1 (part), 2001)

17.04.050Nonconforming buildings and structures.

A building or structure in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be maintained subject to the limitations of this section.

A. Expansion – A nonconforming structure may not be changed, altered, replaced, added to or expanded in any manner, except as provided in subsection B of this section and unless such change or alteration does not increase the degree of nonconformity or would bring the structure into conformity with provisions of the zoning code.

B. Repair – Such repair and maintenance work as required to keep the structure in sound condition may be made, provided no structural alterations shall be made except such as are required by law or ordinance or authorized by the planning director. In case damage or destruction by fire or other causes requiring expenditures for repair in excess of one-half of the assessed value as shown on the county assessor’s records immediately prior to destruction, the structure or structures, other than residential dwellings, shall not be rebuilt unless they conform to all requirements of the zoning code. Permits to repair the damage must be applied for within one year and construction must be completed within two years of the damage occurring or the legal nonconforming status will be lost.

C. Any nonconforming structures shall be maintained in usable condition or the nonconforming status shall be lost.

(Ord. 1222 § 3 (Exh. C (part)), 2004: Ord. 1163 § 1 (part), 2001)

17.04.060Nonconforming lots of record.

A. Residential districts – In any residential district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district, provided that yard dimensions and requirements (other than those applying to area or width) shall conform to the regulations for the district in which such lot is located.

In all residential zoning districts, if two or more lots or combinations of lots and portions of lots with continuous frontage are of record prior to May 23, 1960, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

B. Other districts – In any other district, permitted buildings and structures may be constructed on a nonconforming lot of record, provided lot coverage, yard, landscaping and off-street parking requirements are met. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. If all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

(Ord. 1163 § 1 (part), 2001)

17.04.070Controlling provisions.

The provisions of this title shall be held to be minimum requirements. Where this title imposes greater restrictions than are imposed by other chapters, laws, rules, or regulations, the provisions of this title shall control. Where this title imposes lesser restrictions than are imposed by other chapters, laws, rules or regulations, the provisions of the more restrictive title shall control.

(Ord. 1163 § 1 (part), 2001)

17.04.080Severability.

If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.