Chapter 18.80
NONCONFORMING PROVISIONS
Sections:
18.80.020 Regulations applicable to nonconforming uses.
18.80.030 Structures housing nonconforming uses.
18.80.040 Nonconforming structures.
18.80.050 Nonconforming sites.
18.80.060 Abatement of illegal uses.
18.80.070 Immediate compliance with lighting and illumination provisions required.
18.80.080 Special provisions for compliance with government regulations.
18.80.090 Applicability of uniform codes.
18.80.010 Purpose and intent.
The purpose of this chapter is to allow for the continuance and maintenance of legally established nonconforming uses, structures, and development subject to the standards and provisions prescribed within this chapter. The intent of this chapter is to:
A. Ensure reasonable opportunity for use of legally created lots which do not meet current minimum requirements for the district in which they are located.
B. Ensure reasonable opportunity for use, maintenance and improvement of legally constructed buildings, structures and site development features which do not comply with current minimum requirements for the district in which they are located.
C. Ensure reasonable opportunity for continuation and limited expansion of legally established uses which do not conform to use regulations for the district in which they are located.
D. Encourage the eventual replacement of nonconforming uses.
E. Encourage the eventual upgrading of nonconforming developments which do not comply with current minimum standards for the district in which they are located. Upgrading of nonconforming development standards should be done to the extent physically practicable on the site. Nonconforming development should generally be addressed in the following priority order:
1. Life and public safety;
2. Conditions adversely affecting the environment;
3. Parking lots and parking lot landscaping;
4. Perimeter buffering;
5. Any other nonconforming development standard. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).
18.80.020 Regulations applicable to nonconforming uses.
A. Continuance. Any legally established nonconforming use may be continued as well as expanded as long as any expansion of that use is contained within the parcel or parcels established for that use when that use was considered a legal conforming use. Any expansion of a nonconforming use shall meet the current building and site design standards. Uses that have been continuously in existence since prior to 1974 shall be considered legally established even though they would not be allowed under the current City code. Other uses may be required to present evidence such as a copy of the then applicable zoning regulations and proof that the use existed at the time in question to be considered legally established.
B. Changes. Nonconforming uses may be changed to other uses that are allowed by this code. Alternatively, an applicant may apply for a Conditional Use Permit using Process 3 to change a nonconforming use to another less nonconforming use if a showing can be made that the new use will have fewer detrimental effects on the surrounding neighborhood and properties than the existing use.
C. Abandonment. If a nonconforming use is abandoned or discontinued for a period of 12 consecutive months, the nonconforming status of the use is terminated. Any future use of the land or structures shall be in conformity with the provisions of this code. The presence of a structure, equipment, or material shall not constitute the continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use.
D. Expansion. Except as provided in subsection (A) of this section, a nonconforming use may not be expanded. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-12-492 § 10; Ord. O-02-186 § 4; Ord. O-99-109 § 1).
18.80.030 Structures housing nonconforming uses.
A. Improvements and Expansion. Any structure housing or containing a legally established nonconforming use may be continued, repaired, altered as well as expanded as long as any expansion of that use is contained within the parcel or parcels established for that use when that use was considered a legal conforming use. Any expansion of a nonconforming use shall meet the current building and site design standards.
B. Restoration. A structure housing or containing a nonconforming use that is accidentally destroyed may be fully restored in its former location despite noncompliance with use or bulk regulations if a Building Permit application is submitted to the Department of Community Development within one year of the destruction. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-12-492 § 11; Ord. O-99-109 § 1).
18.80.040 Nonconforming structures.
A. Continuance. Any legally established nonconforming structure is permitted to remain in the form and location in which it existed on the effective date of the nonconformance. Structures that have been continuously in existence since prior to 1974 shall be considered legally established. Other structures may be required to present evidence such as a copy of the then applicable zoning regulations and proof that the structure existed at the time in question to be considered legally established.
B. Improvements. Nonconforming structures may be structurally altered, enlarged, repaired or improved only if the degree of nonconformance is not increased and only if all new structural alterations, enlargements, repairs or improvements meet the requirements of this code.
C. Restoration. A nonconforming structure that is accidentally destroyed may be fully restored in its former location despite noncompliance with the bulk regulations if a Building Permit application is submitted to the Department within one year of the destruction. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-12-492 § 12; Ord. O-99-109 § 1).
18.80.050 Nonconforming sites.
A. Continuance. Any legally established nonconforming site is permitted to remain in the form and location in which it existed on the effective date of the nonconformance. Site improvements that have been continuously in existence since prior to 1974 shall be considered legally established. Other site improvements may be required to present evidence such as a copy of the then applicable zoning regulations and proof that the improvements existed at the time in question to be considered legally established.
B. Improvements.
1. Nonconforming site improvements may be altered only if the degree of nonconformance is not increased and if all new improvements meet the requirements of this code.
2. Nonconforming site improvements shall be brought into compliance with the provisions of this code (except that the Community Design Guidelines and requirements shall be controlled by the provisions of Chapter 18.70 MVMC) if an applicant proposes exterior structural alterations or expansion of floor area in any consecutive three-year period, the fair market value of which exceeds 50 percent of the replacement value of the structures on the site. Changes to the nonconforming site improvements shall be in the same percentage or proportion as the new structural alterations or additions are to replacement value of the existing structures, up to 100 percent.
C. Restoration. Nonconforming site improvements that are accidentally destroyed may be fully restored in their former location despite noncompliance with the regulations of this code if appropriate permit applications are submitted to the Department within one year of the destruction. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).
18.80.060 Abatement of illegal uses.
A. Generally. Except as specified in subsection (B) of this section, any use that was illegal when initiated must immediately be brought into conformance with this code. The City may take enforcement action under this code or any other applicable law to abate illegal uses.
B. Nonconforming Uses. If a use has ever been in complete conformance with the applicable zoning code even though the use does not comply with the current zoning regulations, the use may continue to exist subject to the provisions of this chapter and it is not subject to abatement under subsection (A) of this section. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).
18.80.070 Immediate compliance with lighting and illumination provisions required.
Regardless of any other provision of this chapter, the provisions of this code relating to lighting and illumination must be complied with at all times by all existing and future uses. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).
18.80.080 Special provisions for compliance with government regulations.
A. Oil Tanks. Any excavation, development activity or construction performed to comply with the “Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules” (40 CFR 280 and 281), as now existing or as hereafter amended, or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconforming site improvements on the subject property be corrected.
B. Other Government Regulations. Other than as specified in MVMC 18.80.070, the Department may, using Process 1, exempt a property or use from any of the requirements of this chapter if:
1. The actions or events which form the basis of requiring that nonconforming site improvements on the subject property be corrected are necessitated solely to comply with local, State or federal regulation;
2. The actions necessitated to comply with those other local, State or federal regulations will not significantly extend the expected useful life of the nonconforming site improvements; and
3. The public benefit of complying with the local, State or federal regulation clearly outweighs the public benefit in correcting the nonconforming site improvements. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).
18.80.090 Applicability of uniform codes.
Nothing in these provisions in any way supersedes or relieves the applicant from compliance with the requirements of the City’s building codes and other construction-related codes as adopted and amended from time to time by the City. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).