Chapter 17.66
NONCONFORMING STRUCTURES, LAND AND USES1
Sections:
17.66.010 Intent.
17.66.020 Continuance of nonconforming structures and uses.
17.66.030 Use of nonconforming land.
17.66.040 Changes of use, tenancy, ownership or management.
17.66.050 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures.
17.66.060 Abatement of nonconforming structures and uses.
17.66.070 Amortization and abatement of outdoor storage.
17.66.080 Amortization and abatement of nonconforming signs.
17.66.010 Intent.
Amendments over time to regulatory authority provided within this title may result in structures, land and uses which no longer conform with the provisions set forth for the district in which they are situated. Therefore it is the intent of this chapter to allow for the continuance and maintenance of legally established nonconforming uses subject to standards and provisions prescribed within this chapter. This chapter must be read along with chapter 15.15 BMC and the more restrictive requirements shall apply. (Ord. 1206 § 5, 1992).
17.66.020 Continuance of nonconforming structures and uses.
Any nonconforming structure or use lawfully existing on the effective date of this title, or any subsequent amendments to this title, may be continued and maintained in conformance with provisions of this chapter, provided no enlargement of area, space or volume occupied by the nonconforming use occurs. Any
nonconforming structure authorized by a valid building permit prior to the effective date of this title, or any subsequent amendments to this title, may be completed and used in accordance with the plans, specifications and regulations under which such permit was issued. Expiration of authorization permits will result in a loss of vested right for construction and use of such structure. (Ord. 1206 § 5, 1992).
17.66.030 Use of nonconforming land.
If any parcel of land with a minimum lot size or lot dimension which is less than that prescribed for by the district in which such parcel is located, was subdivided into lots according to a plat of record on or before the effective date of this title, or any subsequent amendments to this title, then the fact that the parcel of land does not meet the minimum lot size or lot dimension requirements as set forth in this title shall not prohibit the property from being utilized provided that all other regulations prescribed for that district by this title are complied with, except as provided for in chapter 17.45 BMC. (Ord. 1206 § 5, 1992).
17.66.040 Changes of use, tenancy, ownership or management.
Changes of use, tenancy, ownership or management may occur to any existing legally established and continued nonconforming use under one or more of the following circumstances:
A. Any part of a structure occupied by an existing legally established and continued nonconforming use may be changed to a use which, in the opinion of the planning director, is of the same or of a more restrictive nature. When the use of a nonconforming structure is hereafter changed to a more restrictive use, the structure shall not thereafter be used for a less restrictive use.
B. There may be a change of tenancy, ownership or management of any existing legally established and continued nonconforming use provided there is no change in the nature, character or occupancy classification of such nonconforming use except as authorized within this chapter. (Ord. 1206 § 5, 1992).
17.66.050 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures.
A. Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include but is not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions.
B. No structural alterations, as defined by the Uniform Building Code, shall be made except as required by law or ordinance, provided that the cost of such work shall not exceed 50 percent of the assessed valuation of such structure as established by the most current Skagit County assessor’s tax roll.
C. A nonconforming structure having been damaged or partially destroyed to an extent not exceeding 50 percent of the assessed valuation of such structure as established by the most current Skagit County assessor’s tax roll, may be restored to its original condition, as authorized by the city’s building official, and its immediately preceding or existing use at the time of partial destruction may be continued or resumed. Restoration shall begin within one year and be completed within two years of the date of partial destruction. If restoration is not started within one year, then the reuse and occupancy of the structure shall conform to all the regulations of the district in which the use is located.
D. Structures or lands which are nonconforming as to use regulations shall not be enlarged or intensified in any manner unless the enlargement within such structures or lands conforms to all regulations of the district in which it is located. A nonconforming use, within a nonconforming structure, shall not expand into any portion of the nonconforming structure.
E. Structures which are nonconforming as to percentage of site coverage, setbacks, building height or density shall not be enlarged unless such enlargement conforms to the regulations of the district in which it is located.
F. Nonconforming residential structures are allowed to provide maintenance, alterations and additions which may exceed the requirements of this chapter; provided the total number of dwelling units does not increase and all other development standards of the district are complied with.
G. This chapter shall not prevent the following provided the total value of the improvements, over the lifetime of the nonconforming use, does not exceed 50 percent of the assessed value of the nonconforming use as established by the most current Skagit County assessor’s tax roll; and the nonconforming use or structure is not expanded except as allowed by BMC 17.66.050(H); provided further, that any replacement of a nonconforming structure, or parts thereof, must comply with the appropriate development standards unless a variance is granted pursuant to this title:
1. Strengthening or restoring to a safe condition any nonconforming structure or part thereof which is declared to be unsafe or a hazard to the public by the order of a city official charged with protecting the public safety;
2. Lessening a hazardous situation, nuisance or other adverse environmental impact;
3. Bringing the structure or use into more conformance with this title;
4. Adapting the structure to new technologies or equipment;
5. Improvements which do not increase the intensity of the nonconforming use.
H. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of this title may be permitted, by means of a variance issued by the board of adjustment pursuant to this title, to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city.
This subsection does not allow the expansion of a use or structure which would be inconsistent with a previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner.
This subsection also does not allow the expansion of any nonconforming hazardous material storage.
I. When a building or structure is moved to another location it must then be made to conform to the requirements of the district to which it is moved, unless specifically allowed elsewhere by this title. (Ord. 1206 § 5, 1992).
17.66.060 Abatement of nonconforming structures and uses.
Nonconforming structures and uses shall be abated if one or more of the following circumstances exist:
A. If a nonconforming use is discontinued and changed to a conforming use, any future use of the structure or land shall be in conformity to the regulations of the district in which structure or land is located.
B. Any structure or portion of a nonresidential structure, or parcel of land occupied by a nonconforming use which becomes vacant and remains unoccupied for a continuous period of 180 days shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. Residential uses in commercial or industrial zones which are unoccupied for more than 180 days may be allowed to reoccupy if a variance is issued pursuant to this title.
C. If a nonconforming structure sustains damage or destruction which exceeds 50 percent of the current assessed valuation of the structure as established by the Skagit County assessor’s office. Reconstruction of such damaged structure or reuse of occupancy shall conform to all regulations of the district in which it is located and it shall be treated as a new building. This subsection shall not apply to single-family dwellings. (Ord. 1206 § 5, 1992).
17.66.070 Amortization and abatement of outdoor storage.
A. All outdoor storage yards that do not comply with the landscape and screening requirements of chapter 17.50 BMC, which are located within a C-2 or M-1 zone that are adjacent to a residential zone or are visible from any public street shall, within three years of the adoption of this title, screen and landscape the outdoor storage pursuant to the requirements of chapter 17.50 BMC, or the use be abated.
B. All existing outdoor storage yards accessory to a business use in the B-1 and C-1 zones shall be screened and landscaped as provided in chapter 17.50 BMC within three years, or the use be abated. All other outdoor storage areas shall be abated within six months of the adoption of this code. (Ord. 1206 § 5, 1992).
17.66.080 Amortization and abatement of nonconforming signs.
A. All off-premises advertising and directional signs that do not comply with the requirements of chapter 17.63 BMC shall be given an amortization period of six months that commences upon notification of the sign owner and/or property owner. Following such notification, the nonconforming sign shall be abated within six months. (Ord. 1327 § 1, 1996).
Prior legislation: Ord. 890 § 5.10.