Chapter 17.40
NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
Sections:
17.40.000 Purpose.
17.40.010 Nonconforming uses.
17.40.020 Nonconforming buildings.
17.40.025 Nonconforming accessory dwelling units.
17.40.030 Nonconforming lots.
17.40.040 Nonconforming signs.
17.40.050 Nonconforming community facilities.
17.40.000 Purpose.
The purpose of this chapter is to allow certain nonconforming uses, buildings and lots to continue while prohibiting further nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated.
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations, but is no longer allowed, due to the passage or later change of this zoning ordinance and where applicable its predecessor.
B. Continuation. A nonconforming use may continue, unless required to be abated by subsection C of this section, but it may not be expanded in any way, including additional lot area, floor area, height, number of employees, equipment, or hours of operation except as otherwise provided in ECDC 17.40.050.
C. Abatement. Any commercial, business or industrial use located in a residential zoned district or in the OS zoned district shall be discontinued within 15 years after the use first became nonconforming. If the affected use is not operated in a building, it shall be discontinued within three years of the notice. These time periods may be extended under subsections D and E of this section. The time shall commence from the time the use first became nonconforming under this code, and where applicable, its predecessor.
D. Notice to Owner. The community development director shall notify each property owner affected by subsection C of this section. The notice shall state the provisions of subsection C, and that the owner may apply within one year of the date of the notice for an extended amortization period. The notice shall be filed for record with the county auditor. Failure to provide notice, or to record the same, shall not extend the mandatory time of conformance or discontinuance.
E. Extended Amortization Application. The owner shall, with his application, deposit $500.00 with the city to cover the cost of the city hiring an economic consultant to provide an analysis of what amortization period would be reasonable in terms of the particular use and the owner's investment. The application shall be processed in the same manner as a conditional use permit (Chapter 20.05 ECDC). The hearing examiner shall base his decision on the data contained in the economic analysis, plus other information introduced at the hearing, including information on the significance of the use's incompatibility with nearby residents or property. The city shall refund any portion of the $500.00 deposit not used in processing the application.
F. Recorded Notice. After the one-year period has passed, or an extended amortization application has been processed, the community development director shall file for record with the county auditor, a notice of the date by which the nonconforming use must be discontinued.
G. Lapse of Time.
1. If a nonconforming use ceases for a continuous period of six months, any later use of the property occupied by the former nonconforming use shall conform to this zoning ordinance.
2. If a nonconforming residential use ceases because its building is damaged in excess of 50 percent of its value, the use may be reestablished if construction of a new or repaired building begins within one year of the date the damage occurred.
H. Conditional Uses. A legal use does not become nonconforming because the zone in which it is located is changed to a zone district which requires a conditional use permit for the use. However, the use may not be altered, as stated in subsection B of this section, without obtaining a conditional use permit. [Ord. 3353 § 9, 2001; Ord. 3283 § 1, 1999; Ord. 3247 § 1, 1999].
17.40.020 Nonconforming buildings.
A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city.
B. Continuation. A nonconforming building may be maintained and continued, unless required to be abated elsewhere in this chapter or section, but it may not be changed or altered in any manner which increases the degree of nonconformity of the building.
C. Historic Buildings. Nothing in this section shall prevent the full restoration of a building which is listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory or the Edmonds Register of Historic Places. Such reconstruction of historic buildings shall fully comply with the requirements of the Washington State Building Code. By way of illustration and not limitation, the reconstruction of all historic buildings shall comply with the life safety provisions of the State Building Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a nonconforming building shall be permitted.
2. Alterations which otherwise conform to the provisions of the zoning ordinance, its site development and bulk standards, and which do not expand any nonconforming aspect of the building, shall be permitted.
3. Alterations required by law or the order of a public agency in order to meet health and safety regulations shall be permitted.
E. Relocation. Should a nonconforming structure be moved for any reason for any distance whatsoever, it shall thereafter come into conformance with the setback and lot coverage requirements for the zone in which it is located. Movement alone of a nonconforming structure shall not require the owner thereof to bring the structure into compliance with any other bulk or site development standard of the city applicable solely to the building itself.
F. Restoration. If a nonconforming building is destroyed or is damaged in an amount equal to 50 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in the conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a staff decision under the provisions of ECDC 20.105.030. Damage less than 50 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit within one year of the date such damage occurred. [Ord. 3515 § 1, 2004].
17.40.025 Nonconforming accessory dwelling units.
A. Commencing on April 15, 2000, a registration period of six months, ending October 16, 2000, at 5:00 p.m. is hereby established for the registration of legal nonconforming and illegal detached and attached accessory dwelling units (ADU). No fees shall be charged for such registration. Accessory dwelling unit (ADU) is defined in Chapter 20.21 ECDC. Upon receipt of the registration, the city shall develop a schedule for the inspection of such accessory dwelling units to determine compliance with the state building and fire codes. An inspection of such structures by the state electrical inspector shall also be requested if no records of a prior electrical inspection is provided by the registrant.
B. Nonconforming Structures. An attached or detached ADU, which qualifies as a legal nonconforming building as defined in ECDC 17.40.020(A), shall be inspected to determine whether it was in compliance with the state building and fire codes in existence at the date it was constructed. An applicant shall submit a final occupancy permit issued by the city of Edmonds or Snohomish County, as appropriate, with respect to said ADU prior to the date said use was regulated by the agency with jurisdiction, as proof of its legal nonconformity or such other proof as may be reasonably available. Upon an adequate showing of nonconformity as determined at the discretion of the city, the ADU shall be required to meet the provisions of the state building and fire code which are applicable to any building or structure and are considered life safety codes. The city shall issue a certificate of noncompliance noting the size and characteristics of the ADU and the structure in which it is located in order to permit its use and continuation and to determine its compliance with the other provisions of ECDC 17.40.020. Such legal nonconforming ADUs and the structures in which they are located shall not be required to obtain a conditional use permit in accordance with the provisions of Chapter 20.21 ECDC. Such registration of legal nonconforming structures may include both attached and detached units which were in conformance with the applicable provisions of law and ordinance at the date constructed.
C. Registration of Illegal Accessory Dwelling Units. ADUs which were not legal uses at the date constructed may be registered during the registration period set forth in subsection A of this section. Illegal ADUs which are subject to the registration period shall include illegal units in existence at the date of passage of Ordinance No. 3300 (March 28, 2000) as well as illegal ADUs, attached or detached, which had been abated at the order of the city within the four-year period preceding passage of Ordinance No. 3300. Registration shall be accompanied by the fee established for the issuance of a conditional use permit for each ADU with such fees to be used to defray the cost of building, fire and other inspections. The city shall establish an inspection schedule for ADUs. Certificates of registration and permit shall be issued to the former illegal structure granting the privileges of a legal nonconforming building subject to the provisions of ECDC 17.40.020 upon certification that the structure is or has been brought into compliance with all current provisions of the State Building Code and city ordinance.
1. Once registered, a formerly illegal ADU shall enjoy all the protections and privileges afforded to a nonconforming building under the provisions of ECDC 17.40.020; provided, however, that such ADU shall be subject to the permit review requirement of ECDC 20.100.040 to the end that the city council reserves the right to impose additional conditions on the continued use and occupancy of the formerly illegal ADU if it is found to constitute a nuisance or present a hazardous condition, or to revoke such registration and permit if a nuisance or hazardous condition relating to the ADU is not abated.
2. The provisions of subsection C of this section shall apply to both attached and detached accessory dwelling units; provided, however, that such ADUs shall be registered and permitted to continue subject to the provisions of this section only if they were constructed in good faith by construction completed prior to December 31, 1999.
D. Legal nonconforming units shall receive a permit certificate confirming such status and listing the physical dimensions and other characteristics of the structure; provided, however, that the registration and permit of a formerly illegal ADU may be revoked and/or conditioned in accordance with the provisions of ECDC 20.100.040.
E. Failure to register a structure within the time period established by the provisions of this section shall be considered to be presumptive proof that such a unit is an illegal unit and subject to abatement. The owner of such structure may overcome such a presumption only by presentation of substantial and competent evidence which establishes the legal nonconforming nature of such building by clear and convincing evidence that the structure was permitted by Snohomish County or the city of Edmonds, was permitted by such agency and was in complete compliance with the applicable provisions of state law and county or city ordinance, at the date such construction was initiated and was completed. [Ord. 3327 § 1, 2000; Ord. 3300 § 1, 2000].
17.40.030 Nonconforming lots.
A. Definition. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development.
B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of the district, so as long as all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. In order to be developed a nonconforming lot must meet minimum lot size standards established by the provisions of this code, subject to the provisions of subsection D of this section.
C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code, except as specifically provided in subsection D of this section.
D. Exception for Single-Family Dwelling Units. An applicant may build one single-family dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies:
1. In an RS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards:
a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject property is located, and
b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development, and
c. Existing housing stock will not be destroyed in order to create a new buildable lot, and
d. The proposed development of the lot is generally consistent with the character of the surrounding neighborhood.
Lot Area Table
% Needed for Lot Size Needed
Zone Legal Lot for Legal Lot
(1) RS-20 60% 12,000
(2) RS-12 70% 8,400
(3) RS-8 80% 6,400
(4) RS-6 90% 5,400
2. An applicant applies for necessary permits to construct the unit within five years to the date the lot or parcel is annexed into the city and the lot or parcel was lawfully created under provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of Washington; or
3. An applicant may remodel or rebuild one residence on a nonconforming lot without regard to the 50 percent destruction requirement of ECDC 17.40.020(F) if a fully completed building permit is permitted within one year of the destruction of the residence and all other development requirements of this code are complied with; or
4. The lot lines defining the lot or parcel were recorded in the Snohomish County recorder's office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way which meets the minimum requirements established by this code; or
5. The owner of a lot which was lawfully created under the Snohomish County subdivision and zoning laws and which was annexed to the city of Edmonds on or after December 16, 1958, may file a fully completed building permit application for a development lot in accordance with the provisions of this chapter and develop the lot if a fully completed building application to develop said lot was filed with the city on or before the date established by Ordinance No. 3024. This paragraph (D)(5) shall sunset and be removed from the code two years after the effective date of the passage of Ordinance No. 3024 and is intended to provide a window of opportunity for those persons who comply with the provisions of subsection D of this section but who are barred due to the passage of time an equal opportunity to develop a lot in accordance with the provisions of the code. [Ord. 3153 § 1, 1997; Ord. 3024 § 1, 1995; Ord. 2936 § 1, 1993; Ord. 2292 § 1, 1982].
17.40.040 Nonconforming signs.
Nonconforming signs are injurious to the health, safety and welfare and destructive of the aesthetic and environmental living conditions which this zoning ordinance is intended to preserve and enhance. Nonconforming signs shall be brought into compliance with the provisions of Chapter 20.60 ECDC under the following terms and conditions:
A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, except as otherwise provided in ECDC 17.40.050; provided, however that the following acts are specifically permitted and shall not in and of themselves require conformance with the provisions of Chapter 20.60 ECDC:
1. Normal maintenance of the sign;
2. A change in the name of the business designated on the sign; or
3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident or an act of God.
B. Any nonconforming sign shall be brought into immediate compliance with the code in the event that:
1. An act prohibited by the provisions of subsection A of this section occurs;
2. The building to which the nonconforming sign or signs is appurtenant is remodeled or receives an addition equal to 25 percent of the building's value prior to the addition or remodeling;
3. A change in the use of the building to which the sign is appurtenant or the land upon which the sign is located occurs; or
4. An application for the erection of a new sign or signs is made by the owner or lessee of the business premises to which the sign is appurtenant.
C. None of the foregoing provisions relating to permitted maintenance, name change or preservation of the sign under paragraph A of this section shall be construed so as to permit the continuation or preservation of any nonconforming off-premises sign. [Ord. 3353 § 10, 2001; Ord. 2429, 1984].
17.40.050 Nonconforming community facilities.
A. Churches. Existing legal nonconforming church uses, buildings, lots, and/or signs may be expanded, enlarged, altered, or modified, subject to conditional use permit approval, provided that:
1. The proposed expansion, enlargement, alteration, or modification does not increase the degree of nonconformity in any significant manner. For example, a proposed expansion of a nonconforming church use shall conform to the parking requirements of ECDC 17.100.020(C) for any additional seating capacity created in excess of that which existed immediately prior to the expansion.
2. If a nonconforming use, the use has not lapsed in accordance with ECDC 17.40.010(G).
3. The nonconforming use, building, or sign does not allow or constitute a public nuisance or significant threat to public health and safety.
B. Schools. Existing legal nonconforming schools may be expanded or enlarged, subject to conditional use permit approval, provided that:
1. The applicant demonstrates by substantial evidence that the proposed expansion or enlargement is necessary to maintain or accomplish the educational mission or objectives of the school in accordance with applicable state and federal policies, statutes, regulations and guidelines;
2. The proposed expansion or enlargement does not increase the degree of nonconformity in any significant manner;
3. The proposed expansion or enlargement does not allow or constitute a public nuisance or significant threat to public health and safety; and
4. If a nonconforming use, the use has not lapsed in accordance with ECDC 17.40.010(G).
C. Local Public Facilities. Existing legal nonconforming local public facility uses, buildings, and/or signs, owned and/or operated by local, state, or federal governmental entities, public service corporations, or common carriers (including agencies, districts, governmental corporations, public utilities, or similar entities) may be expanded, enlarged, altered, or modified, subject to conditional use permit approval, provided that:
1. The applicant demonstrates by substantial evidence that the proposed expansion, enlargement, alteration or modification is necessary to maintain or accomplish the missions or objectives of the governmental agency in accordance with applicable local, state, and federal policies, statutes, regulations and guidelines;
2. The proposed expansion, enlargement, alteration, or modification does not increase the degree of nonconformity in any significant manner. For example, a proposed expansion of a nonconforming governmental local public facility shall conform to the parking requirements of ECDC 17.65.040(B) for any additional staff or visitors in excess of those that existed immediately prior to the expansion;
3. If a nonconforming use, the use has not lapsed in accordance with ECDC 17.40.010(G);
4. The nonconforming use, building, or sign does not allow or constitute a public nuisance or significant threat to public health and safety.
D. Parks. Existing legal nonconforming parks may be expanded or enlarged, subject to conditional use permit approval, provided that:
1. The applicant demonstrates by substantial evidence that the proposed expansion or enlargement is necessary to maintain or accomplish the parks and recreation level of service as provided in accordance with the comprehensive plan;
2. The proposed expansion or enlargement does not increase the degree of nonconformity in any significant manner;
3. The proposed expansion or enlargement does not allow or constitute a public nuisance or significant threat to public health and safety; and
4. If a nonconforming use, the use has not lapsed in accordance with ECDC 17.40.010(G). [Ord. 3353 § 11, 2001].