Chapter 11.97
NONCONFORMING LOTS, STRUCTURES AND USES
Sections:
11.97.010 Nonconforming uses, lots and structures.
11.97.015 Nonconforming structures.
11.97.020 Nonconforming lots of record.
11.97.030 Termination of nonconforming uses.
11.97.060 Completion of a building/structure/activity.
11.97.010 Nonconforming uses, lots and structures.
Uses, lots, and structures rendered nonconforming by the adoption of this title may be continued and maintained in reasonable repair, subject to the conditions of this chapter.
No use of any structure or premises shall hereafter be commenced or expanded which is nonconforming, except as permitted in this chapter. (Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2002-102 (part), 7/16/02: Res. 2000-129 (part), 10/17/00).
11.97.015 Nonconforming structures.
(1) No structure or part of a structure shall be erected, moved, reconstructed, extended, enlarged, remodeled, repaired, or altered, except in conformity with all current Chelan County development regulations, except as permitted in this chapter.
(2) Remodeling, alterations, or repairs to a nonconforming structure may occur so long as the construction is in compliance with current building codes.
(3) That portion of a nonconforming structure which is conforming to all Chelan County regulations may be expanded so long as the use of the structure is also conforming. For example, if a structure is nonconforming due to a front yard setback encroachment, that portion of the structure outside of the front yard setback may be expanded.
(4) If required to meet the snow load requirements, a mobile or manufactured home may place a snow cover, meeting the building requirements, over an existing nonconforming mobile or manufactured home at the minimum size necessary to cover the home.
(5) If a nonconforming structure is damaged or destroyed by accident, act of nature, or public enemy, it may be permitted to be rebuilt in the same footprint, and equal to or less than the square footage prior to damage, and for the same use; provided, a building permit application is submitted to Chelan County community development with three years after the structure(s) has been destroyed. If a building permit application is not submitted within three years, all future structures shall be in conformity with current Chelan County regulations.
(6) No expansion shall encroach on setbacks or critical areas, unless allowed by code. (Res. 2018-8 (Att. A) (part), 1/30/18).
11.97.020 Nonconforming lots of record.
In any zoning district, all uses or structures authorized by Chapter 11.04, District Use Chart, may be established/erected on a legal lot of record which does not meet the minimum lot size or width requirements; provided, that all other standards are met. (Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2000-129 (part), 10/17/00).
11.97.025 Nonconforming use.
No use of any structure or premises shall hereafter be commenced unless in conformity with current Chelan County regulations. A pre-existing use which is nonconforming shall not be enlarged, or altered in any way which increases its nonconformity. (Res. 2018-8 (Att. A) (part), 1/30/18).
11.97.030 Termination of nonconforming uses.
(1) Discontinuance or Vacation. Subject to subsection (2) of this section, if a nonconforming use has ceased or has been vacated for a period of twelve consecutive months or greater, the nonconforming status is terminated, and any future use of the land or structures shall be in conformity with the provisions of the zoning district in which it is located.
(2) Declaration and Amortization. Marijuana or cannabis production and processing uses conducted pursuant to Chapter 69.50 or 69.51A RCW, and associated structures, are hereby declared nonconforming and are each prohibited and not allowed in any zone in unincorporated Chelan County, including urban growth areas and fully contained communities, pursuant to Chapter 11.04, and shall cease, abate, and terminate on or before March 1, 2018. Said uses and associated structures are not eligible for remodeling, alterations, repairs, expansion, or intensification. (Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2016-14 (Att. A) (part), 2/16/16: Res. 2000-129 (part), 10/17/00).
11.97.060 Completion of a building/structure/activity.
Subject to Section 11.97.030(2), nothing contained in this chapter shall require any change in plans, construction, alterations, or designated uses of a building/structure specified in a complete application for a development permit submitted prior to the adoption of the resolution codified in this title. Improvements and uses authorized by a recorded motion or resolution of the board of county commissioners, or any permit issued by the county prior to the effective date of the resolution codified in this title, may be developed as set forth in the permit. If the permit becomes invalid prior to development of improvements or uses, the provisions of this chapter shall be in effect on the subject property. (Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2016-14 (Att. A) (part), 2/16/16: Res. 2000-129 (part), 10/17/00).