Chapter 14.32
NONCONFORMITIES
Sections:
14.32.040 Nonconforming Structures
14.32.050 Nonconforming Development
14.32.060 Vacation or Cessation of Nonconformities
Prior legislation: Ords. 468, 590, 676, 811 and 876.
14.32.010 Purpose and Intent.
The purpose of this chapter is to provide for the continuation, modification or eventual elimination of nonconforming uses, structures, and development in accordance with the standards and conditions in this chapter. While nonconformities may continue, the provisions of this chapter are designed to encourage the improvement or elimination of nonconformities in order to better achieve the purposes of these regulations and consistency with the Comprehensive Plan. In general, a nonconformity that was lawful at the time it was established is permitted to continue to exist. A nonconformity shall not be permitted to continue to exist if it was unlawful at the time it was established. Most nonconforming uses and development may be maintained, but may not be altered, without land use review. It is the purpose of the City to ultimately have all structures and uses brought into conformity with the land use codes and regulations adopted by the City, as completely and as speedily as possible with due regard to the special interests and property rights of those concerned. (Ord. 1132, Sec. 2 (Exh. A), 2021)
14.32.020 General Provisions.
The following provisions apply to all nonconforming uses and development:
(a) Changes in ownership may occur and do not affect the status of a nonconforming use, structure, or development.
(b) A nonconforming use, structure, or development is allowed to change to a conforming use or development. Once a conforming use, structure, or development occupies the site, the nonconforming status is lost, and the nonconforming use, structure, or development may not be reestablished.
(c) Routine repair and maintenance activities, as defined in Section 14.08.010, are allowed. Alteration or expansion, as further described in Section 14.32.040, or destruction, as described in Section 14.32.040, may require land use review and/or may result in the loss of the nonconforming status of the use or development.
(d) Where other sections of the Lake Stevens Municipal Code require nonconforming uses or development to come closer to conformance, those provisions apply instead of the provisions of this chapter.
(e) Provisions of this chapter do not apply to signs. Nonconforming signs are regulated by Section 14.68.150, Nonconforming Signs.
(f) The provisions of this chapter do not supersede or relieve a property owner from compliance with:
(1) The requirements of the International Building and Fire Codes; or
(2) The provisions of this code beyond the specific nonconformance addressed by this chapter.
(g) For additional requirements related to other nonconformities, see the following sections of this title:
(1) Definitions - see Section 14.08.010;
(2) Boundary line adjustments - see Section 14.18.200;
(3) Subarea nonconformities - see Section 14.38.017;
(4) Signs - see Section 14.68.150;
(5) Critical areas - see Section 14.88.330;
(6) Uses within shoreline jurisdiction - see Shoreline Master Program. (Ord. 1132, Sec. 2 (Exh. A), 2021)
14.32.030 Nonconforming Uses.
(a) Continuation. Except as may be provided for elsewhere in these regulations, a nonconforming use lawfully existing at the time of the adoption of the City code may be continued subject to the standards and conditions of this chapter.
(b) Repair or Maintenance. Repair or maintenance of a nonconforming use is allowed so long as the repair or maintenance does not increase the extent of any nonconformity. Repair and maintenance activities are defined in Section 14.08.010.
(c) Enlargement or Expansion.
(1) A nonconforming use shall not be enlarged or increased nor expanded to occupy a greater area of land than was occupied at the adoption or subsequent amendment of the City code; unless such use is changed to a use permitted in the district in which such use is located.
(2) Any structure used for single-family residential purposes and maintained as a nonconforming use may be repaired, maintained, or replaced so long as the repair or replacement does not result in an expansion or enlargement of such use or structure.
(3) No additional structures which do not conform to the requirements of the City code shall be erected in connection with such nonconforming use of land.
(d) Change of Use. In general, a nonconforming use may be changed to a conforming use. If a nonconforming use, building or structure is changed to a more conforming use, building or structure or is replaced by a conforming use, building or structure, the nonconforming use, building or structure shall not revert to its original nonconforming status. (Ord. 1132, Sec. 2 (Exh. A), 2021)
14.32.040 Nonconforming Structures.
(a) Continuation. Except as may be provided for elsewhere in these regulations, a nonconforming structure lawfully existing at the time of the adoption of the City code may be continued subject to the standards and conditions of this chapter.
(b) Repair or Maintenance. Repair or maintenance of a nonconforming structure is permitted. Repair and maintenance activities are defined in Section 14.08.010. The interior of said structures may be restored, remodeled and improved to the extent of not more than 25 percent of the assessed value of the structure at the time of building permit in any consecutive period of 12 months in accordance with required permits.
(c) Alteration or Expansion. Nonconforming structures may be enlarged or altered in a way which does not increase the extent of any nonconformity. An increase in nonconformity would be a change that increases the bulk of the structure encroaching on setbacks or exceeding maximum height or maximum impervious area requirements. Additional stories on a building are permitted so long as they meet all other applicable provisions of City and State codes including height limitations, setbacks, septic limitations, do not expand the building footprint, and do not increase the extent of any nonconformity.
(d) Destruction. A nonconforming structure or nonconforming portion of a structure that is destroyed to an extent exceeding 75 percent of the assessed value of the structure at the time of damage shall not be reconstructed except in conformity with these regulations. In order for this reconstruction to occur, application must be made for all necessary permits within 24 months of the date the damage occurred, and all reconstruction must be completed within two years of permit issuance. All residential structures (including accessory uses and structures) located in a residential district may be reconstructed if destroyed to any extent; provided, that such reconstruction does not enlarge the prior building footprint nor increase the extent of the nonconformity(ies) existing prior to destruction. (Ord. 1132, Sec. 2 (Exh. A), 2021)
14.32.050 Nonconforming Development.
“Nonconforming development” means a lot or site improvement, such as an off-street parking facility, landscaping, or access that does not conform to the City’s current development ordinances. Nonconforming development that was legally established and is used for a legal use but which does not meet the current regulations may be maintained and repaired and may be enlarged or expanded; provided, that said enlargement does not increase the extent of noncompliance with the regulations by further encroaching upon or extending into areas where construction or use would not be allowed for new development. A lot that is nonconforming by virtue of not meeting the minimum lot area required for the zone in which it is located may be used the same as if it were conforming, except that any use that requires a greater lot size than the established minimum lot size for a particular zone (e.g., a two-family residence) is prohibited. Section 14.16C.078 further details the legal lot status determination process. (Ord. 1132, Sec. 2 (Exh. A), 2021)
14.32.060 Vacation or Cessation of Nonconformities.
Whenever a nonconforming use, structure, or development of property has been vacated or ceases for any reason, for a period of 12 consecutive months or for 12 months during any two-year period, such nonconformity shall lose its nonconforming status and not thereafter be reestablished, and the future use of the property shall be in conformity with the provisions of these regulations. A vacated or ceased nonconformity shall not be resumed. (Ord. 1132, Sec. 2 (Exh. A), 2021)