Chapter 20.93
NONCONFORMING USES
Sections:
20.93.012 Nonconforming structures.
20.93.015 Nonconforming residential dwelling units.
20.93.016 Nonconforming—Prior construction.
20.93.020 Nonconforming lots of record.
20.93.030 Abandonment or discontinuance.
20.93.010 Intent.
Within the districts established by this title, there exist lots and structures which were lawful prior to the date of adoption of the ordinance codified in this title, but which would be prohibited, regulated or restricted under the terms of this title. It is the intent of this chapter to permit these nonconformities to continue until they are removed. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.93.012 Nonconforming structures.
A. Nonconforming structures shall not be enlarged upon, expanded or extended in a manner which would increase the nonconforming aspects of the structure.
B. Relocation. Nonconforming structures shall not be relocated on the same site unless the move results in bringing the structure into closer conformance with the provisions of this chapter.
C. In the event a nonconforming building or structure in square footage or valuation is less than fifty percent destroyed by any cause, nothing in this chapter shall prevent the securing of a building permit within one year from the date of destruction for the restoration of the building or structure. The determination of the percentage of destruction shall rest with the building official as per the current adopted fee schedule. The determination shall be based upon the actual cost of repairing the portion of the building or structure destroyed in relation to the estimated replacement cost of the entire building or structure.
D. Any nonconforming building or structure destroyed more than fifty percent in square footage or valuation may be reconstructed provided it meets all of the regulations of the zoning district in which it is located. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.93.014 Nonconforming uses.
A nonconforming use of a structure or land shall not be extended or enlarged after the effective date of the ordinance codified in this title, by attachment on a building or premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved unless it is residential in nature and meets the requirements in CMC 20.93.015. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.93.015 Nonconforming residential dwelling units.
A. Structural alterations of a dwelling unit necessary to comply with public health or safety issues, as determined by the community development director or building official may be permitted without review.
B. Notwithstanding other provisions of this chapter, nonconforming dwelling units may be enlarged, replaced or structurally altered when at the discretion of the community development director, the following are satisfied:
1. The proposed enlargement or structural alteration will not result in additional dwelling units on the site; and
2. The proposed enlargement or structural alterations will generally result in improvements to the subject property and character of the surrounding area; and
3. In the case of enlargement, the enlarged portion of the dwelling unit conforms to the dimensional requirements of the zone and is a one-time enlargement up to twenty-five percent of the total building structure. (Ord. 2209 § 2 (part), 2008).
20.93.016 Nonconforming—Prior construction.
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the date of adoption of the ordinance codified in this title, and upon which actual building construction has been carried on diligently. “Actual construction” is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition shall be deemed to be actual construction; provided, that work shall be carried on diligently. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.93.020 Nonconforming lots of record.
A. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record prior to the date of adoption of the ordinance codified in this title, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
B. 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 yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
C. If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record prior to the date of adoption of the ordinance codified in this title, and if all or part of the lots do not meet the requirements established for lot width and area, the lots involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title. (Ord. 2209 § 2 (part), 2008: Ord. 2147 § 29, 2005: Ord. 2024 § 1 (part), 1999).
20.93.030 Abandonment or discontinuance.
A. A nonconforming use shall be discontinued if it ceases to be used continuously for that particular use for twelve consecutive months.
B. A nonconforming building or structure shall be discontinued if it ceases to be used continuously for the purpose for which it was built for twelve consecutive months.
C. A nonconforming building or structure shall be discontinued if it is destroyed by fire or other cause and rebuilding does not commence within twelve months.
D. The community development director shall have the discretion to extend the time limitations of subsections (A), (B) and (C) of this section due to special circumstances beyond the control of the owner or occupant of the nonconforming use or nonconforming structure. Examples of special circumstances include but are not limited to disputes over insurance settlements in the case of fire or other casualty, delay in transferring title due to probate proceedings, litigation that impacts continuation of a nonconforming use or nonconforming structure, labor strikes, war, and acts of God. The decision of the community development director denying any request for an extension may be appealed to the hearing examiner. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).