Chapter 17.60
NONCONFORMING USES, STRUCTURES AND LOTS

Sections:

17.60.005    Purpose and intent.

17.60.010    Nonconforming uses.

17.60.020    Nonconforming structures.

17.60.030    Nonconforming lots.

17.60.050    Establishment.

17.60.005 Purpose and intent.

Within the districts established by this title or amendments that may later be adopted, there may exist lots, uses and structures which were lawful before the ordinance codified in this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. The purpose of this chapter is to address the legal status of nonconforming uses, buildings/structures, or lots by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated.

It is the intent of this chapter to permit these legal nonconformities to continue until they are removed. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Ultimately it is the intent of this chapter to encourage the discontinuance or termination of nonconformity and the changing of nonconformity to a conforming or more conforming use, building, or lot. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.60.010 Nonconforming uses.

Nonconforming uses may be continued if:

A. The use was lawful at the time it was established;

B. The use has not been discontinued for a period of 12 consecutive months since the nonconformity was established; and

C. The use has not been enlarged in scope or size in any way, except as required to meet state or federal standards. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.60.020 Nonconforming structures.

A. Alterations. A nonconforming structure may be altered or enlarged if:

1. Alterations to the structure do not increase the nonconformity in any way;

2. Alterations are necessary to meet town, state, or federal requirements; or

3. Alterations meet the existing requirements of the zone in which the structure is located.

B. Restoration of Damage. A nonconforming, nonresidential structure may be restored, if damaged by fire or other hazard, in the same location and dimensions as existed before the damage occurred subject to compliance with the requirements of the current International Residential Code and International Building Code as adopted by the town. Restoration shall begin within six months of the date the damage occurred. Upon a showing of hardship or conditions causing delay which are beyond the control of the applicant, the mayor may grant an extension of time for up to six additional months. Nonconforming residential structures in commercial and industrial zones may be restored, replaced or remodeled subject to the applicable development standards and requirements of the IRC and IBC. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.60.030 Nonconforming lots.

A. A nonconforming lot may be continued if it had been lawfully established at the time the nonconformity was established.

B. In any district in which single-family dwellings are permitted, a single-family dwelling and allowed accessory buildings may be erected on nonconforming lots of record; provided, the criteria established below for a legal building site are complied with and applicable as of the effective date of the ordinance codified in this title. At the effective date of adoption of the ordinance codified in this title, no nonconforming lot or combination of lots shall be used or sold in a manner which diminishes compliance with said criteria, and notwithstanding limitations imposed by other provisions of this title. 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 district; provided, that in addition to the criteria established below, all other current regulations of the zoning district shall still apply, including, without limitation, required yards/setbacks, lot coverage, density, parking, storm drainage, landscaping, access, and road improvement.

C. Legal building sites on platted nonconforming lots which have been created in conformance with the development regulations existing at the time of creation shall meet the following criteria:

1. Any platted, single nonconforming lot which is in separate ownership, and not of continuous or contiguous frontage with other lots in the same ownership as of the effective date of the ordinance codified in this title, shall be considered a single, legal building site under this chapter; or

2. Where there are platted nonconforming lots which have continuous or contiguous frontage in a single ownership, as of the effective date of the ordinance codified in this title, which together total a lot size of less than 6,000 square feet, such lots shall be considered a single, legal building site under this chapter; or

3. Where there are platted nonconforming lots with continuous or contiguous frontage in a single ownership, as of the effective date of the ordinance codified in this title, which together total a lot size of 7,000 square feet or more, all building sites shall comply with the minimum provisions of the zoning district within which they are located.

D. Within residential districts, where there are existing residences on nonconforming lots as of the effective date of the ordinance codified in this title, said residences may be replaced on the nonconforming lot if they are damaged or destroyed by natural causes to any extent, provided all other provisions of this title are complied with to the greatest extent possible. If the existing residence exceeded the lot coverage requirement of the applicable zoning district at the time it is destroyed or damaged by natural causes, the replacement structure may be allowed at the same lot coverage. If the existing residence encroached on yard area requirements of the applicable zoning district at the time it is destroyed or damaged by natural causes, the replacement structure must be placed on the nonconforming lot in such a way as to minimize any encroachments into required yard areas.

E. Where the above criteria require that platted nonconforming lots be consolidated and/or combined to create a legal building site, such consolidation and/or combination shall be accomplished as governed by WMC Title 16, Land Divisions. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.60.050 Establishment.

The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such alleged nonconformity and not upon the town. Determination of the nonconforming status of a lot, use, building or structure is an administrative function of the administrator. Property owners asserting existing nonconforming status shall submit such information as the administrator deems necessary to substantiate or document the claim to the existing nonconformance. Documentation submitted by the property owner must ascertain the date the nonconformity was established and that it conformed to the applicable development regulations in effect at that time. Documentation may consist of such historical items as utility statements, property tax bills, real estate contracts, leases, building permits, dated photographs, newspaper clippings and other relevant documentation, when applicable. Unsubstantiated anecdotal evidence cannot be accepted for the determination of existing nonconforming status. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).