Chapter 17.08
GENERAL PROVISIONS
Sections:
17.08.010 Conformity of buildings and land.
17.08.020 Minimum requirements.
17.08.030 Pre-existing legal lots of record in Brier.
17.08.050 Nonconforming structures.
17.08.010 Conformity of buildings and land.
No building, structure, or parcel of land shall be erected, altered, used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered except in conformity with the regulations specified in the text of this title for the zone in which the building, structure, and land are located, as shown on map of this division. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 4.1, 1991)
17.08.015 Definitions.
A. Nonconforming Building Type. A nonconforming building type is a building type which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the building types allowed in the current zoning district.
B. Nonconforming Structure. A nonconforming structure is a structure which lawfully existed in a zoning district prior to the adoption of this zoning code, but which does not comply with one or more requirements for the applicable zoning district in the current code for maximum height, minimum setbacks, maximum lot coverage or impervious surface coverage, or design standards.
C. Nonconforming Use. A nonconforming use is a use which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the uses that is permitted or conditionally permitted in the current zoning district.
D. Pre-existing Legal Lots. A lot which lawfully existed prior to the adoption of this zoning code, but which does not comply with one or more of the lot standards for the applicable zoning district in the current code, such as minimum lot size, minimum lot width or required access shall be deemed to be a “pre-existing legal lot,” and may also be known as a “nonconforming lot.” (Ord. 482 § 3 (Exh. A), 2022)
17.08.020 Minimum requirements.
In their interpretation and application, provisions of this code shall be held to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other rules and regulations or ordinances, the provision of this title shall control. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 4.2, 1991)
17.08.030 Pre-existing legal lots of record in Brier.
An authorized use or structure may be constructed on a pre-existing legal lot which does not meet the minimum lot size and width at the building line for the zone in which it is located, provided the front, side and rear yard setbacks, as well as the maximum lot coverage, maximum building height, and the parking requirements as established by this title are met. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 4.3, 1991)
17.08.040 Nonconforming uses.
The lawful use of any building, structure, or land existing at the time of the enactment or amendment of applicable regulations under this title may be continued, as a legal nonconforming use even if such use does not conform with the provisions of this title, provided the following conditions are met:
A. Unsafe Structures. Nothing in this title shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
B. Alterations. No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this title shall be altered, enlarged, extended, reconstructed, replaced or structurally altered unless such use is changed to a use permitted by this title.
C. Expansion. Nonconforming use shall not be expanded, enlarged, increased, intensified, or extended to occupy a greater area of land or space, including air space, than was occupied at the effective date of adoption or amendment of this code. However, the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this title shall not be deemed the extension of such nonconforming use.
D. Changes. No nonconforming building, structure, or use shall be changed to another nonconforming use. A change in tenancy or ownership is not considered a change to another nonconforming use; provided, that the use itself remains unchanged and is not abandoned.
E. Loss of Nonconforming Status. Nonconforming status will be lost under any of the following conditions:
1. The building, structure or land has been made conforming; or
2. The use is changed; or
3. The owner of the building, structure or land discontinues or abandons the nonconforming use for a period of twelve months with the intention of abandoning that use. Discontinuance of a nonconforming use for a period of twelve months or greater, and/or the building, structure, or land being vacant for a continuous period of twelve months or greater, constitutes prima facie evidence of an intention to abandon the use. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 5 – 5.5, 1991)
17.08.050 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, setbacks, or other characteristics of the structure, it may be continued so long as it remains otherwise lawful subject to the following provisions; provided, however, that under any of the provisions below, the then-current version of BMC Title 18, Critical Areas, shall apply:
A. Alterations. No nonconforming structure may be enlarged or altered in a way which increases its degree of nonconformity. For the purposes of this section, alteration includes demolition and construction of a new structure on the property. A nonconforming structure may be enlarged or altered in a way that satisfies the current requirements of this code, or may be modified in a way that does not increase its nonconformity, provided, however, if the value of the enlargement or alternation exceeds three hundred percent of Snohomish County’s assessed value of the structure, then such alternation shall not be allowed except to make the structure fully conforming with the code. Ordinary maintenance and repair shall be permitted.
B. Reconstruction.
1. Should a nonresidential structure be destroyed by any means other than demolition to an extent of more than fifty percent of its replacement cost at time of destruction, in the judgment of the city’s building official, it shall not be reconstructed except in conformity with provisions of this title. Otherwise it may be reconstructed to its original dimension and bulk with the previous level of nonconformity, in compliance with currently adopted building codes.
2. Single-family residential structures located in a single-family residential zoning district and in existence at the time of adoption of this code may be rebuilt after a fire or other disaster to their original dimensions and bulk.
C. Relocation. Should such structure be moved for any reason or any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.
D. Loss of Nonconforming Status. Nonconforming status will be lost under any of the following conditions:
1. The building, structure or land has been made conforming; or
2. The building or structure has been modified and the value of improvements or modification exceeds three hundred percent of the assessed value of the structure; or
3. The building is a nonresidential structure that has been destroyed or damaged by any means other than demolition such that the cost to restore such damage is more than fifty percent of Snohomish County’s assessed value of the structure at time of destruction. (Ord. 482-A § 1, 2022; Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M §§ 6 – 6.4, 1991)
17.08.060 Fence, gate, driveway entry, and hedge regulations.
Repealed by Ord. 442. (Ord. 20.W § 4, 2001: Ord. 20.M § 7.1, 1991)