Chapter 17.100
NONCONFORMING STRUCTURES, LOTS AND USES
Sections:
17.100.050 Continuance of nonconforming structures and uses.
17.100.060 Nonconforming lots.
17.100.070 Nonconforming uses.
17.100.080 Nonconforming structures and developments.
17.100.090 Abatement of nonconforming structures and uses.
17.100.100 Amortization and abatement of nonconforming signs.
17.100.010 Title.
This chapter shall be called “Nonconforming Structures, Lots and Uses.” (Ord. 1857 § 2 (Exh. B), 2018).
17.100.020 Application.
This chapter shall apply to buildings, structures, lots, developments, and uses which become nonconforming as a result of the application of this title to them, or from classification or reclassification of the property under this title, or any subsequent amendments thereto. This chapter must be read along with chapter 14.15 BMC, Critical Area Regulations, and the more restrictive requirements shall apply. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.030 Purpose.
Over time the adoption and amendment of regulations has resulted in lots, uses, structures, and developments which were lawful when established but would be prohibited or restricted by the regulations currently in effect. The purpose of this chapter is to permit the continuation and maintenance of nonconforming lots, uses, structures, and developments, but generally prohibit their expansion, modification, or reconstruction except in limited circumstances. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.040 Authority.
This chapter is adopted pursuant to the authority set forth in chapters 35A.63, 36.70A, 36.70B, and 36.70C RCW and other applicable laws. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.050 Continuance of nonconforming structures and uses.
Any legally existing nonconforming structure or use may be continued and maintained in conformance with provisions of this chapter, provided no enlargement of area, space or volume occupied by the nonconforming use occurs. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.060 Nonconforming lots.
A. If any parcel of land with a minimum lot size or lot dimension which is less than that prescribed for by the district in which such parcel is located was subdivided into lots according to a plat of record on or before the effective date of this title, or any subsequent amendments to this title, then the fact that the parcel of land does not meet the minimum lot size or lot dimension requirements as set forth in this title shall not prohibit the property from being utilized; provided, that all other regulations prescribed for that district by this title are complied with, except as provided for in chapter 17.70 BMC.
B. Adjacent undeveloped lots in common ownership which do not meet current requirements for area or dimension shall be considered a single combined lot of record if the combination would have the effect of remedying or minimizing the extent of the nonconformity. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.070 Nonconforming uses.
Changes of use, tenancy, ownership or management may occur to any existing legally established and continued nonconforming use under one or more of the following circumstances:
A. Any part of a structure occupied by an existing legally established and continued nonconforming use may be changed to a use which, in the opinion of the community development director or designee, is of the same or of a more restrictive nature. When the use of a nonconforming structure is hereafter changed to a more restrictive use, the structure shall not thereafter be used for a less restrictive use.
B. There may be a change of tenancy, ownership or management of any existing legally established and continued nonconforming use provided there is no change in the nature, character or occupancy classification of such nonconforming use except as authorized within this chapter.
C. Structures or lands which are nonconforming as to use regulations shall not be enlarged or intensified in any manner unless the enlargement within such structures or lands conforms to all regulations of the district in which it is located. A nonconforming use, within a nonconforming structure, shall not expand into any portion of the nonconforming structure.
D. This subsection also does not allow the expansion of any nonconforming hazardous material storage. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.080 Nonconforming structures and developments.
A. Maintenance and Repairs. Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include but is not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions.
B. Alterations and Expansions. No structural alterations, as defined by the International Building Code, shall be made except as required by law or ordinance; provided, that the cost of such work shall not exceed 50 percent of the assessed valuation of such structure as established by the most current Skagit County assessor’s tax roll.
C. Damage and Replacement. A nonconforming structure having been damaged or partially destroyed to an extent not exceeding 50 percent of the assessed valuation of such structure as established by the most current Skagit County assessor’s tax roll may be restored to its original condition, as authorized by the city’s building official, and its immediately preceding or existing use at the time of partial destruction may be continued or resumed. Restoration shall begin within one year and be completed within two years of the date of partial destruction. If restoration is not started within one year, then the reuse and occupancy of the structure shall conform to all the regulations of the district in which the use is located.
D. Structures and developments which are nonconforming as to percentage of site coverage, setbacks, building height or density shall not be enlarged unless such enlargement conforms to the regulations of the district in which it is located.
E. Nonconforming residential structures are allowed to provide maintenance, alterations and additions which may exceed the requirements of this chapter; provided the total number of dwelling units does not increase and all other development standards of the district are complied with.
F. This chapter shall not prevent the following provided the total value of the improvements, over the lifetime of the nonconforming use, does not exceed 50 percent of the assessed value of the nonconforming use as established by the most current Skagit County assessor’s tax roll; and the nonconforming use or structure is not expanded except as allowed by subsection (D) of this section; provided further, that any replacement of a nonconforming structure, or parts thereof, must comply with the appropriate development standards unless a variance is granted pursuant to this title:
1. Strengthening or restoring to a safe condition any nonconforming structure or part thereof which is declared to be unsafe or a hazard to the public by the order of a city official charged with protecting the public safety;
2. Lessening a hazardous situation, nuisance or other adverse environmental impact;
3. Bringing the structure or use into more conformance with this title;
4. Adapting the structure to new technologies or equipment;
5. Improvements which do not increase the intensity of the nonconforming use.
G. This subsection does not allow the expansion of a use or structure which would be inconsistent with a previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner.
H. When a building or structure is moved to another location it must then be made to conform to the requirements of the district to which it is moved, unless specifically allowed elsewhere by this title.
I. This section also does not allow the expansion of any nonconforming hazardous material storage. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.090 Abatement of nonconforming structures and uses.
Nonconforming structures and uses shall be abated if one or more of the following circumstances exist:
A. If a nonconforming use is discontinued and changed to a conforming use, any future use of the structure or land shall be in conformity to the regulations of the district in which structure or land is located.
B. Any structure or portion of a nonresidential structure, or parcel of land occupied by a nonconforming use which becomes vacant and remains unoccupied for a continuous period of 180 days shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. Residential uses in commercial or industrial zones which are unoccupied for more than 180 days may be allowed to reoccupy if a variance is issued pursuant to this title.
C. If a nonconforming structure sustains damage or destruction which exceeds 50 percent of the current assessed valuation of the structure as established by the Skagit County assessor’s office, reconstruction of such damaged structure or reuse of occupancy shall conform to all regulations of the district in which it is located and it shall be treated as a new building. This subsection shall not apply to single-family dwellings. (Ord. 1857 § 2 (Exh. B), 2018).
17.100.100 Amortization and abatement of nonconforming signs.
All off-premises advertising and directional signs that do not comply with the requirements of chapter 17.95 BMC shall be given an amortization period of six months that commences upon notification of the sign owner and/or property owner. Following such notification, the nonconforming sign shall be abated within six months. (Ord. 1857 § 2 (Exh. B), 2018).