Chapter 18.54
NONCONFORMING USES AND BUILDINGS

Sections:

18.54.010    Legislative intent.

18.54.020    Minimum time permitted for nonconforming uses and noncomplying buildings to remain.

18.54.030    Exceptions.

18.54.040    Application for continuation of a nonconforming use or noncomplying building by conditional use permit.

18.54.050    Discontinuance if not occupied for one year.

18.54.060    Discontinuation of nonconforming building if damaged or destroyed.

18.54.070    Structural alterations and incidental alterations.

18.54.080    Structural alterations.

18.54.090    Annexations.

18.54.100    Legal nonconforming lots.

18.54.010 Legislative intent.

The zoning districts established in this title are designed to guide the future use of city land by encouraging the development of desirable residential, commercial, and manufacturing areas with appropriate grouping of compatible and related uses and thus to promote and to protect the public health, safety and general welfare. As a necessary corollary, in order to carry out such purposes, nonconforming uses must be subject to certain limitations, which are therefore adopted in order to provide a gradual remedy for existing undesirable conditions. (Ord. 1250 § 9, 2007; Ord. 515 § 27, 1982. Formerly 18.38.010).

18.54.020 Minimum time permitted for nonconforming uses and noncomplying buildings to remain.

Any building or use rendered nonconforming by this title shall be discontinued 25 years from the effective date of the ordinance codified in this title. Any nonconforming building or use under prior Ordinance No. 241 shall be discontinued by December 31, 1992 unless said building or use conforms to this new code. (Ord. 1250 § 9, 2007; Ord. 515 § 27, 1982. Formerly 18.38.020).

18.54.030 Exceptions.

Provisions of BLMC 18.54.020 shall not be applicable to:

A. Residences presently in a commercial district;

B. Existing nonconforming business establishments in a commercial district;

C. All nonconforming uses involving land with minor improvements shall be discontinued two years from the effective date of the ordinance codified in this title. (Ord. 1250 § 9, 2007; Ord. 515 § 27, 1982. Formerly 18.38.030).

18.54.040 Application for continuation of a nonconforming use or noncomplying building by conditional use permit.

A nonconforming use or noncomplying building or land with major improvement may be continued up to five additional years beyond the date specified in this title, if a conditional use permit is obtained; provided the owner, at least one year prior to the term, can show the following:

A. That the building and/or use has unusual qualities not common to the zone;

B. That the building and/or use is not detrimental to surrounding properties;

C. Hardship uncommon to other property owners in the zone. (Ord. 1250 § 9, 2007; Ord. 740 § 16, 1997; Ord. 515 § 27, 1982. Formerly 18.38.040).

18.54.050 Discontinuance if not occupied for one year.

If, for a continuous period of one year, the nonconforming use of land is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. (Ord. 1250 § 9, 2007; Ord. 515 § 27, 1982. Formerly 18.38.050).

18.54.060 Discontinuation of nonconforming building if damaged or destroyed.

A. In all districts, if a nonconforming building or other structure is damaged or destroyed by any means to the extent of 75 percent or more of its value, such nonconforming use shall terminate, and the tract of land shall thereafter be used only for a conforming use.

B. Notwithstanding subsection A of this section, in the event an existing single-family residence located in a commercial district is damaged or destroyed, it may be repaired or reconstructed as a continuation of the legal nonconforming use allowed under this chapter. The provisions of this subsection shall expire 120 days after the effective date of the enabling ordinance. (Ord. 1250 § 9, 2007; Ord. 1140 § 1, 2005; Ord. 515 § 27, 1982. Formerly 18.38.060).

18.54.070 Structural alterations and incidental alterations.

Repairs to both structural and nonstructural parts or incidental alterations may be made in a building or other structures occupied by a nonconforming use. (Ord. 1250 § 9, 2007; Ord. 515 § 27, 1982. Formerly 18.38.070).

18.54.080 Structural alterations.

No structural alterations shall be made in a building or other structures occupied by a nonconforming use except when made:

A. In order to comply with requirements of law; or

B. In order to accommodate a conforming use. (Ord. 1250 § 9, 2007; Ord. 515 § 27, 1982. Formerly 18.38.080).

18.54.090 Annexations.

The provisions of this chapter shall apply to buildings or uses rendered nonconforming by virtue of annexation into the city. The time period for discontinuing nonconforming uses following annexation shall be as stated in BLMC 18.54.020 and 18.54.030; provided, that such period shall begin to run upon the effective date of the annexation in question; and provided further, that buildings or uses which were not in conformance with county code immediately prior to annexation into the city shall be discontinued immediately upon annexation into the city. (Ord. 1250 § 9, 2007; Ord. 927 § 1, 2002. Formerly 18.38.090).

18.54.100 Legal nonconforming lots.

Any legal lot of record, platted prior to March 8, 1967, the date of the initial Bonney Lake zoning ordinance, is exempt from the minimum width, minimum lot size, and maximum density requirements of this zoning code for the purpose of one single-family residence; provided such lot has not less than 7,200 square feet and has not been further subdivided. (Ord. 1250 § 9, 2007; Ord. 1230 § 31, 2007. Formerly 18.38.100).