Chapter 33.43
STATUS OF NONCONFORMING USE, PARCELS, AND PRE-EXISTING USES

Sections:

33.43.010    Intent.

33.43.020    Nonconforming lot size.

33.43.030    Continuation of pre-existing, nonconforming use.

33.43.040    Continuation of pre-existing, nonconforming structure.

33.43.050    Nonconforming commercial and industrial uses – Access to State and federal highways.

33.43.060    Conversion of pre-existing, nonconforming use.

33.43.070    Conversion of conforming use within a nonconforming structure.

33.43.080    Destruction of a nonconforming structure.

33.43.090    Completion of structure.

33.43.110    Determination of nonconforming status.

33.43.120    Cessation of a nonconforming use.

33.43.130    Normal maintenance and repair of nonconforming structures.

SOURCE:    ADOPTED:

Ord. 581    12/19/95

33.43.010 Intent.

It is the intent of this chapter to permit nonconformities to continue and be maintained.

33.43.020 Nonconforming lot size.

If an undeveloped, pre-existing lot or parcel has an area which does not meet the minimum lot size requirements of the zone in which it is located, the lot or parcel may be occupied by a use permitted in the zone subject to all other applicable County and State development requirements. In zoning districts which permit multifamily dwellings, such multifamily structures shall be permitted only on a lot meeting the minimum standards of this title regarding minimum area required for multifamily dwellings.

33.43.030 Continuation of pre-existing, nonconforming use.

A pre-existing use which is nonconforming with the standards of this title may be continued and maintained, provided it is not enlarged, or altered in any way which increases its nonconformity unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.

33.43.040 Continuation of pre-existing, nonconforming structure.

A pre-existing structure which is nonconforming with the standards of this code may be continued, maintained, remodeled, or reconstructed; provided, that the new construction does not further intrude into the required setbacks. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 1,000 square feet and no portion of the structure is located closer to the property lines than the original footprint of the structure.

33.43.050 Nonconforming commercial and industrial uses – Access to State and federal highways.

Nonconforming commercial and industrial uses located adjacent to any State or federal highway shall not add new access points to such highways to serve said existing, nonconforming use.

33.43.060 Conversion of pre-existing, nonconforming use.

A pre-existing, nonconforming use shall not be converted to another nonconforming use unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.

33.43.070 Conversion of conforming use within a nonconforming structure.

A conforming use established prior to adoption of this code located in a pre-existing, nonconforming structure may be converted to another conforming use, provided all applicable standards are complied with such as adequate parking, compliance with density and sign standards and SEPA requirements.

33.43.080 Destruction of a nonconforming structure.

(1) Partial Destruction. When a nonconforming structure is damaged by natural causes, but the extent of damage is less than fifty (50) percent of the replacement cost of the structure, the nonconforming structure may be reconstructed to the configurations existing immediately prior to the time the structure was damaged. Such reconstruction must be completed within eighteen (18) months of said damage.

(2) Substantial Destruction. When a nonconforming structure is damaged by natural causes to an extent exceeding fifty (50) percent of the replacement cost of the entire building, it shall not be repaired or reconstructed unless it is done so to conform to the development requirements of the zone in which the structure is located, unless a variance is issued by the Board of Adjustment or Hearing Examiner.

The extent of damage shall be determined upon review of construction estimates by the Zoning Administrator.

33.43.090 Completion of structure.

Nothing contained in this chapter shall require any change in plans, construction, alteration, or designated use of a structure specified in a complete application for a Clallam County development permit submitted prior to the adoption of this chapter. Improvements and uses authorized by a signed document of the Board of County Commissioners recorded motion or resolution of the Board of County Commissioners, or any permit issued by the County or the State of Washington prior to the effective date of this title may be developed as set forth in said permit without this title. If said permit becomes invalid prior to development of said improvements or uses, the provisions of this title shall then be in full force and effect on the subject property.

33.43.110 Determination of nonconforming status.

Any person may request that a determination be made regarding the conformity or nonconformity of a pre-existing use and/or structure. Said request shall be directed to the Administrator in writing. The burden of proof shall fall on the person requesting the determination. Proof shall consist of utility records, photos, assessor’s records, title and legal description. The Administrator shall make a determination as to the conformity of such use and/or structure within fifteen (15) days from the date of receipt of such request. The Administrator’s findings, upon which said determination is based, shall be made available to the applicant.

The Administrator’s determination may be appealed to the Board of Adjustment or Hearing Examiner in writing.

33.43.120 Cessation of a nonconforming use.

If a nonconforming use ceases, it shall be continued not later than eighteen (18) months following cessation in order to maintain its status as a legal nonconforming use. If the nonconforming use is not continued within eighteen (18) months, subsequent use shall be in compliance with the minimum standards of the zone which is applicable.

33.43.130 Normal maintenance and repair of nonconforming structures.

Normal maintenance of existing nonconforming structures includes those usual acts to prevent a decline or lapse, or cessation from a lawfully established condition. Examples of normal maintenance shall be painting, reroofing and those actions to maintain safe building requirements according to the Uniform Building Code. Normal reconstruction means to restore a structure to a state comparable to its original condition prior to damage from natural causes not to exceed fifty (50) percent of the replacement cost of the structure.