Chapter 18.100
GENERAL PROVISIONS – NONCONFORMANCE, EXISTING LEGAL USES, AND TEMPORARY USES

Sections:

18.100.010    Purpose.

18.100.020    Nonconformance – Applicability.

18.100.030    Nonconformance – Creation, continuation, and forfeiture of nonconformance status.

18.100.040    Nonconformance – Abatement of illegal use, structure or development.

18.100.050    Nonconformance – Re-establishment of discontinued nonconforming use, or damaged or destroyed nonconforming structure or site improvement.

18.100.060    Nonconformance – Modifications to nonconforming use, structure, or site improvement.

18.100.070    Nonconformance – Expansions of nonconforming uses, structures, or site improvements.

18.100.080    Nonconformance – Required findings.

18.100.085    Existing legal uses abandonment.

18.100.087    Existing legal uses expansion.

18.100.090    Nonconformance – Residences.

18.100.100    Temporary use permits.

18.100.110    Temporary use permits – Exemptions to permit requirement.

18.100.120    Temporary use permits – Duration and frequency.

18.100.125    Temporary use permits – Decision criteria.

18.100.130    Temporary use permits – Parking.

18.100.140    Temporary use permits – Traffic control.

18.100.150    Temporary construction buildings.

18.100.160    Temporary construction residence.

18.100.170    Temporary mobile home for medical hardship.

18.100.180    Temporary real estate offices.

18.100.190    Temporary school facilities.

18.100.010 Purpose.

The purposes of this chapter are to:

A. Establish the legal status of a nonconformance by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated;

B. Establish the rules for an existing legal use by creating provisions through which an existing legal use may be maintained, altered, reconstructed, expanded or terminated; and

C. Provide for the temporary establishment of uses that are not otherwise permitted in a zone or that do not meet all development standards of a zone and to regulate such uses by their scope and period of use. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.020 Nonconformance – Applicability.

A. All nonconformances 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; or

2. The provisions of this code beyond the specific nonconformance addressed by this chapter. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.030 Nonconformance – Creation, continuation, and forfeiture of nonconformance status.

Once created pursuant to KMC 18.20.1860, a nonconformance may be continued in a manner consistent with the provisions of this chapter. However, nonconformance status is forfeited if the nonconformance is discontinued beyond the provisions of KMC 18.100.050. Once nonconformance status is forfeited, the nonconformance shall not be re-established. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.040 Nonconformance – Abatement of illegal use, structure or development.

Any use, structure or other site improvement not established in compliance with use and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal pursuant to the provisions of Chapter 1.20 KMC. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.050 Nonconformance – Re-establishment of discontinued nonconforming use, or damaged or destroyed nonconforming structure or site improvement.

A nonconforming use which has been discontinued, or a nonconforming structure or site improvement which has been damaged or destroyed, may be re-established or reconstructed if:

A. The nonconforming use, structure, or site improvement which previously existed is not expanded;

B. A new nonconformance is not created;

C. The use has not been discontinued for more than 12 months prior to its re-establishment, or the nonconforming structure or site improvement is reconstructed pursuant to a complete permit application submitted to the department within 12 months of the occurrence of damage or destruction and the construction is diligently pursued according to issued permits; and

D. Requests for extension of the period identified in subsection C of this section to continue the use or submit construction applications may be made to the city manager in writing prior to the expiration of 12-month period, and shall be treated as a Type 2 permit review. The city manager shall determine whether to grant the extension for use continuance or reconstruction on (1) the basis of a good faith effort by the applicant either to lease property or to make a complete application or pursue the fulfillment of approved development permits with diligence, and (2) extenuating circumstances beyond the control of the applicant have caused a delay towards continuing the use or towards preparation of a complete application or diligent pursuit of construction. Examples of situations that would not qualify as extenuating circumstances include a change in economic market conditions for a use or delays in financing. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.060 Nonconformance – Modifications to nonconforming use, structure, or site improvement.

Modifications to a nonconforming use, structure, or site improvement may be reviewed and approved by the department; provided, that:

A. The modification does not expand or intensify any existing nonconformance; and

B. The modification does not create a new type of nonconformance. Proposed expansions of a nonconformance are governed by KMC 18.100.070. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.070 Nonconformance – Expansions of nonconforming uses, structures, or site improvements.

A nonconforming use, structure, or site improvement may be expanded, provided the expansion does not extend beyond the original parcels at the time the use or structure or site improvements became nonconforming, only as follows:

A. The department may review and approve an expansion of a nonconformance; provided, that:

1. The expansion shall conform to all other provisions of this title, except that the extent of the project-wide nonconformance in each of the following may be increased up to 10 percent:

a. Building square footage (for a floor area ratio or building size nonconformance);

b. Impervious surface;

c. Parking; or

d. Building height.

2. Unless provisions specifically indicate conditions under which full compliance with standards is required, when expansions are proposed pursuant to subsection A, B or C of this section, the percentage (by value) of the required code compliance standards to be installed shall be established by dividing the value of the proposed improvement by the assessed value of the existing lot and structure improvements up to 100 percent; the city manager shall have the authority to specify the location and phasing sequence of the required improvements which fall under this section. The percentage (by value) of the required design or development standards to be installed shall be related to the building or site improvement proposed by the applicant. For example, if parking expansions are proposed, parking lot landscaping requirements may be applied.

3. No subsequent expansion of the same nonconformance shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection (A)(1) of this section.

4. Where an accessory drive-through service use is determined to be nonconforming, but expansion of the principal allowed use is authorized, the nonconforming accessory drive-through service activity may be retained along with the expanded principal allowed use, provided the accessory drive-through service meets required design standards and is not increased in size or scope.

B. A special use permit shall be required for expansions of a nonconformance within a development authorized by an existing special use permit if the expansions are not consistent with the provisions of subsection A of this section.

C. A conditional use permit shall be required for expansions of a nonconformance not consistent with the provisions of subsections A and B of this section.

D. No expansion shall be approved that would conflict with City comprehensive plan policies. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.080 Nonconformance – Required findings.

Modifications or expansions approved by the department shall be based on written findings that the proposed modification or expansion of a nonconformance located within a development governed by an existing conditional use permit or special use permit shall provide the same level of protection for and compatibility with adjacent land uses as the original land use permit approval. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.085 Existing legal uses abandonment.

If an existing legal use has not been discontinued for more than 12 months prior to its re-establishment, or the nonconforming structure or site improvement is reconstructed pursuant to a complete permit application submitted to the department within 12 months of the occurrence of damage or destruction and the construction is diligently pursued according to issued permits, such existing legal use may be retained. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.087 Existing legal uses expansion.

Uses listed as permitted “existing legaluses in a zone may be rebuilt or re-established should they suffer damage. These uses may be remodeled or enlarged subject to current development code requirements (e.g., height limits, lot coverage, density limits, setbacks, parking, etc.). Expansion may occur on original parcels containing the use as of the effective date of “existing legal” status. Expansion of existing legal uses may be permitted to adjacent parcels if the adjacent parcels were and are still owned or leased by the same business or residential use owner at the time the use became existing legal. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.090 Nonconformance – Residences.

Any residence nonconforming relative to use may be expanded, after review and approval, subject to all other applicable codes besides those set forth in this chapter for nonconformances. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.100 Temporary use permits.

A temporary use permit is a mechanism by which the City may permit a use to locate within the City on an interim basis, without requiring full compliance with the development standards, or by which the City may permit seasonal or transient uses not otherwise permitted.

Except as provided by KMC 18.100.110, a temporary use permit shall be required for:

A. Uses not otherwise permitted in the zone that can be made compatible for periods of limited duration and/or frequency;

B. Uses permitted in a zone which do not meet all of the required development standards but that can be made compatible for periods of limited duration and/or frequency; or

C. Limited expansion of any use that is otherwise allowed in the zone but which exceeds the intended scope of the original land use approval. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.110 Temporary use permits – Exemptions to permit requirement.

A. Any use not exceeding a cumulative total of two days each calendar year shall be exempt from requirements for a temporary use permit.

B. The following uses shall be exempt from requirements for a temporary use permit when located in the RB, WC, UC, CB, DC, PSP, P, or NB zone for the time period specified below:

1. Uses not to exceed a total of 30 days each calendar year:

a. Christmas tree lots; and

b. Produce stands.

2. Uses not to exceed a total of 14 days each calendar year:

a. Amusement rides, carnivals, or circuses;

b. Community festivals; and

c. Parking lot sales.

C. Any community event held in a park and not exceeding a period of seven days shall be exempt from requirements for a temporary use permit.

D. Temporary uses or activities, conducted during an emergency event, or training exercises conducted at emergency sites, designated pursuant to an emergency management plan, shall not be subject to the provisions of this title. [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

18.100.120 Temporary use permits – Duration and frequency.

Temporary use permits shall be limited in duration and frequency as follows:

A. The temporary use permit shall be effective for up to 365 days after issuance by the city manager;

B. The temporary use shall not exceed a total of 90 days or as otherwise provided in this title; provided, that this requirement applies only to the days that the event(s) authorized by the permit actually takes place. This time limit may be extended by the city council following a public hearing on the proposal;

C. The temporary use permit shall specify a date upon which the use shall be terminated and removed; and

D. A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year; provided, that a temporary use permit may be granted for multiple events during the approval period. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.125 Temporary use permits – Decision criteria.

A temporary use permit shall be granted by the City only if the applicant demonstrates that:

A. The proposed temporary use will not be materially detrimental to the public welfare;

B. The proposed temporary use is compatible with existing land uses in the immediate vicinity in terms of noise and hours of operation; and

C. Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.130 Temporary use permits – Parking.

Parking and access for proposed temporary uses shall be approved by the City. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.140 Temporary use permits – Traffic control.

The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the department. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.150 Temporary construction buildings.

Temporary structures for storage of tools and equipment, or for supervisory offices, may be permitted for construction projects; provided, that such structures are:

A. Allowed only during periods of active construction; and

B. Removed within 30 days of project completion or cessation of work. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.160 Temporary construction residence.

A. A mobile home, motor home, travel trailer, or truck camper may be permitted on a lot as a temporary dwelling for the property owner, provided a building permit for a permanent dwelling on the site has been obtained and adequate provisions are made for utility services, including potable water and waste water disposal.

B. The temporary construction residence permit shall be effective as long as the building permit for the permanent dwelling on the site is active.

C. The temporary construction residence shall be removed within 90 days of:

1. The expiration of the building permit for the permanent dwelling on the site; or

2. The issuance of a certificate of occupancy for the permanent residence, whichever occurs first. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.170 Temporary mobile home for medical hardship.

A. A mobile home may be permitted as a temporary dwelling on the same lot as a permanent dwelling, provided:

1. The mobile home together with the permanent residence shall meet the setback, height, building footprint, and lot coverage provisions of the applicable zone; and

2. The applicant submits with the permit application a notarized affidavit that contains the following:

a. Certification that the temporary dwelling is necessary to provide daily care, as defined in Chapter 18.20 KMC;

b. Certification that the primary provider of such daily care will reside on-site;

c. Certification that the applicant understands the temporary nature of the permit, subject to the limitations outlined in subsections B and C of this section;

d. Certification that the physician’s signature is both current and valid; and

e. Certification signed by a physician that a resident of the subject property requires daily care, as defined in Chapter 18.20 KMC.

B. Temporary mobile home permits for medical hardships shall be effective for 12 months. Extensions of the temporary mobile home permit may be approved in 12-month increments subject to demonstration of continuing medical hardship in accordance with the procedures and standards set forth in subsection A of this section.

C. The mobile home shall be removed within 90 days of:

1. The expiration of the temporary mobile home permit; or

2. The cessation of provision of daily care. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.180 Temporary real estate offices.

One temporary real estate office may be located on any new residential development; provided, that activities are limited to the initial sale or rental of property or units within the development. The office use shall be discontinued within one year of recording of a short subdivision of four lots or less or issuance of a final certificate of occupancy for an apartment development, and within two years of the recording of a formal subdivision or short subdivision of more than four lots. [Ord. 11-0329 § 3 (Exh. 1).]

18.100.190 Temporary school facilities.

Temporary school structures may be permitted during construction of new school facilities or during remodeling of existing facilities; provided, that such structures:

A. Are allowed only during periods of active construction or remodeling;

B. Do not expand the student capacity beyond the capacity under construction or remodeling; and

C. Are removed within 30 days of project completion or cessation of work. [Ord. 11-0329 § 3 (Exh. 1).]