Chapter 15.68
NONCONFORMING LOTS, STRUCTURES AND USES

Sections:

15.68.010    Generally.

15.68.015    Discontinuance, Abandonment or Destruction of a Nonconforming use.

15.68.020    Nonconforming Lots.

15.68.040    Nonconforming Structures, not Involving a Nonconforming Use.

15.68.050    Enlargement, Change, Reconstruction, Alteration or Expansion of Nonconforming Uses of Structures or Land.

15.68.010 Generally.

(1)    Within the districts established by this title or amendments that may later be adopted, there may exist lots, structures and uses of land and structures which were lawful before the zoning ordinance codified in Chapters 15.04 through 15.88 was initially adopted, amended or readopted, but which would be prohibited, regulated or restricted under the terms of the future amendment.

(2)    It is the intent of this title to permit these preexisting nonconformities to continue until they are removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance thereof would not be contrary to the public health, safety or welfare, or the intent of Sections 15.68.020 through 15.68.070.

(3)    Failure of a structure or use to meet one or more of the current requirements of this title renders the structure or use nonconforming only to the extent that it does not meet the applicable provision(s). For this purpose, this chapter separates nonconforming situations into three main categories: (i) nonconforming lots; (ii) nonconforming structures, not involving a nonconforming use; and (iii) nonconforming uses of structures or land.

(4)    To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction or use was lawfully begun and diligently carried on according to the terms of approval issued, prior to the effective date of adoption, amendment or readoption of the ordinance codified herein. Actual construction shall mean materials placed in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building or structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(5)    The ownership of property classified as nonconforming may be transferred without that fact alone affecting the right to continue the nonconforming use or structure.

(6)    The owner of any nonconforming lot, use or structure shall be responsible for providing substantial evidence that such lot, use or structure was legally established. When a nonconforming use is involved, the property owner shall also provide substantial evidence that the use has been in continuous use or operation. The reviewing official shall, upon request, assist the property owner in locating public records that pertain to the legal status of the nonconformity.

(7)    If the administrative official cannot conclusively determine that the nonconformity was lawfully established and in continuous use or operation based on subsection (6) above, then the matter may be referred to the hearing examiner for review. The hearing examiner shall be authorized to render a decision as to whether the nonconforming use or structure was lawfully established and in continuous operation, and review it for compliance with this chapter.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.68.015 Discontinuance, Abandonment or Destruction of a Nonconforming Structure or Use.

(1)    If a lawfully established structure is nonconforming by reason of not meeting current building area, height, setback or other development standards of this title, and it is destroyed to the extent that restoration costs would exceed seventy-five percent of the market value of the building immediately prior to such occurrence (using the most recent ICBO construction tables), it shall be considered completely destroyed and shall be required to meet all applicable building area, height, setback and other development standards of this title upon restoration, unless an administrative adjustment or variance is granted according to Chapter 15.70.

If the nonconforming structure also contains a nonconforming use, and it is destroyed to the extent that restoration costs would exceed seventy-five percent of the market value of the structure immediately prior to such occurrence (using the most recent ICBO construction tables), it shall only be reestablished when approved in accordance with Section 15.68.050.

(2)    If a nonconforming use of a structure or land is succeeded by another use, it shall be presumed that the prior nonconforming use has ceased to exist and thus lost its status as a nonconforming use.

(3)    Discontinuance or abandonment of a nonconforming use for more than twelve consecutive months shall create a presumption of intent to abandon, and result in termination of the use’s legal nonconforming status and the right to continue such nonconforming use.

(4)    The administrative official may extend the time frame for reestablishment or reconstruction of a nonconforming use of a structure or land beyond the 12 month time limit, provided that the owner or authorized agent can document that the reestablishment or reconstruction has not commenced due to pending insurance or court settlement directly related to the damage or destruction. The extension shall not exceed one year, and building permits shall be applied for prior to the expiration of the extension.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.68.020 Nonconforming Lots.

(1)    In any district, any permitted use or structure and customary accessory buildings may be erected on any legal lot of record. This provision shall apply even though such lot fails to meet the current requirements for area or width, or both, that are generally applicable in the district, provided that setback dimensions and other requirements not involving area or width of the lot shall conform to the regulations for the district in which such lot is situated.

(2)    Lots may become nonconforming as the result of the adoption or changes in this title, but nonconforming lots shall not be created through the grant of a development authorization, or other permit under Yakima County Code, except that lots dedicated for public utility facilities may be exempted from the lot size requirements of this title by the reviewing official. Existing nonconforming lots shall only be altered or reconfigured in such as way as to achieve or increase conformity with the zoning district’s lot size and dimensional requirements.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.68.040 Nonconforming Structures, not Involving a Nonconforming Use.

(1)    A legally established structure nonconforming only by reason of not meeting current building area, height, setback or other development standards of this title may be continued, remodeled, repaired, or enlarged upon approval by the building official, provided that any enlargement meets the current development standards of this title and the structure does not contain a nonconforming use.

(2)    When the enlargement does not meet the development standards of this title, relief may be requested in the form of an administrative adjustment or variance, as appropriate under Chapter 15.70.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.68.050 Enlargement, Change, Reconstruction, Alteration or Expansion of Nonconforming Uses of Structures or Land.

If a lawfully established nonconforming use of land or structures exists, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)    Any such nonconforming use may be expanded or extended throughout any parts of a structure without a nonconforming use alteration permit, provided that no such use shall be enlarged to occupy any land outside such structure except as may be authorized in accordance with this section.

(2)    No existing nonconforming use of a structure or land shall be enlarged, extended, constructed, reconstructed, moved or altered except in changing the use of the structure or land to a Type I, II, or III use in the zoning district in which it is located, or except as provided in subsections (3) or (4) below.

(3)    When a legally nonconforming mobile home, manufactured home, or site-built home is nonconforming only to the extent that the lot contains more dwellings than currently permitted in the zoning district and it is not in an approved mobile/manufactured home park, the replacement thereof may be authorized as follows:

(a)    Type I review shall be required when replacing a legally existing site-built home with another site-built home.

(b)    Type I review shall be required when replacing a legally existing mobile/manufactured home with a site-built home or a manufactured home that is newer and meets the siting requirements of Section 15.20.100.

(c)    Outside of urban growth areas and areas zoned RT and RS, an administrative adjustment (See Chapter 15.70) may be obtained to replace a legally existing mobile or manufactured home with a manufactured home that does not comply with the siting requirements of Section 15.20.100. Inside urban growth areas and areas zoned RT and RS, such replacements shall be reviewed in accordance with the requirements of Section 15.68.050.

If the dwelling is also nonconforming due to insufficient building setbacks, it must meet the required setbacks when it is replaced, unless authorized otherwise through the administrative adjustment or variance process.

(4)    The administrative official may consider applications for the enlargement, reconstruction, alteration or expansion of a nonconforming use within a structure or lot or for the change of a nonconforming use to a different, more restricted nonconforming use. The administrative official may grant the relief requested if he finds all of the following:

(a)    That the enlargement, reconstruction, alteration, expansion or change of use requested would not be contrary to the public health, safety or welfare;

(b)    That the use or structure does not and is not likely to significantly depress the value of nearby properties;

(c)    That the use or structure was lawful at the time of its inception;

(d)    That the significance of the hardship to the applicant is more compelling than, and reasonably overbalances, the benefit the public would derive from denial of the relief requested;

(e)    That no useful purpose would be served by strict application of the provisions or requirements of this title with which the use or structure does not conform;

(f)    That the proposed enlargement, reconstruction, alteration, expansion or change of use on the property is compatible with the character of the neighborhood, and does not jeopardize the future development or use of the area in compliance with this title and the Comprehensive Plan;

(g)    That the nonconforming structure will comply with all applicable development standards and codes to the extent feasible.

(h)    If the substitute use is itself nonconforming, the degree of nonconformity may not subsequently be increased by changing to a less restrictive use. “More restrictive use” as employed in this title means the following:

(i)    Those uses permitted in the AG district are deemed to be the most restrictive uses, with all other Type I uses being less restrictive, as classified;

(ii)    All other uses are less restrictive in the following sequence: FW, R/ELDP, VR, MR, RT, R1, R2, R3, RS, B1, B2, HC, C, I and MIN.

(5)    The administrative official shall process such requests under the procedures of Chapter 15.12 for Type II review.

(6)    Required site improvements, parking and signage shall be subject to the specific provisions of this title.

(7)    Enlargement, reconstruction, alteration or expansion of a use listed as a Type I, Type II or Type III use for the zoning district in which it is located shall be processed according to its respective classification – not as a nonconforming use.

(8)    Enlargement or expansion of a nonconforming mining site/ operation that does not have a current permit from the Department of Natural Resources shall be only allowed when the site is within a zone that allows mining, subject to Type I, II or III review.

(9)    Nothing in this section shall be construed to restrict normal repair and maintenance activities including replacement of walls, fixtures and plumbing, provided:

(a)    That the value of work and materials in any twelve month period does not exceed twenty-five percent of the true market value of the structure prior to such work; and

(b)    The required maintenance and repair activities are for the purpose of continuing the nonconforming use at or below the lawful nonconforming use level, except as permitted through the nonconforming use alteration review process.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).