2.a) Chapter 1, Administration-Nonconforming Buildings, Structures, Uses and Lots � . �
� SECTION 13.0 NONCONFORMING BUILDINGS,STRUCTURES, USES AND LOTS
13.1 Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings,
structures, uses, and lots,and to specify those requirements, circumstances, and conditions under which
nonconforming buildings, structures,uses,and lots will be operated,maintained,and regulated. It is
necessary and consistent with the establishment of the Development Code that nonconforming
buildings, structures,uses,and lots not be allowed to continue without restriction.Furthermore,it is the
intent of this section that all nonconformities shall be eventually brought into confomuty.
13.2 General Provisions.
(1) Conditional Uses. Any established use,building or lot legally existing prior to the effective date
of this chapter and which is herein classified by this Development Code as requiring a conditional
use permit may be continued in like fashion and activity and shall automatically be considered as
having received conditional use permit approval. Any change to such a use or building shall
however require that a new conditional use pernut be processed according to this Chapter.
(2) Interim Uses.Any established use,building or lot legally existing prior to the effective date of
this chapter, and which is herein classified by this Chapter as requiring an interim use permit may
be continued in like fashion and activity and shall automatically be considered as having received
interim use permit approval.Any change to such a use or building shall,however,require that a
new interim use permit be processed according to this Chapter.
� (3) Threats to General Welfare.Nonconforming buildings, structures,and/or uses,which based upon
documented study and evidence,pose a danger and/or threat to the health, safety, and general
welfare of the community, shall:
(A) Be legally declared a nuisance by the City Council.
(B) Upon being identified by the City Council and upon the owner being notified in writing
by the Zoning Administrator,the owner sha11 provide to the City Council a documented
time schedule and program with rationale to support the proposed amortization of the
building, structure,or use which will result in the termination or correction of the
nonconformity.
1. The ternunation/correction time schedule shall be based upon,but not be limited to
factors such as the initial investment and the degree of threat or danger being posed.
2. The acceptability of the time schedule shall be determined by the City Council with
right of appeal.
3. In no case shall a time schedule exceed two(2)years.
13.3 Nonconforming Buildings and Structures
(1) Restoration.Unless a building permit has been applied for within 180 days of when a property is
damaged, no lawful nonconforming building or structure which has been destroyed by fire or
� other peril to the extent of greater than fifty(50)percent of its market value, as indicated in the
records of the county assessor at the time of damage, shall be restored, except in conformity with
the regulations of this Chapter. If a building permit has been applied for within 180 days of when
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the property is damaged, the City may impose reasonable conditions when issuin the ermit in �
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order to mitigate any newly created impact on adjacent property or water body.
(2) Alterations or Replacement. Alterations to (e.g., repair,normal maintenance,remodeling)or
replacement of a lawful nonconforming building or structure may be undertaken provided:
(A) The alterations or replacement do not expand the building size.
(B) The alterations or replacement do not change the building occupancy capacity,or parking
demand or sewage treatment requirements.
(C) The alterations or replacement do not increase the nonconformity of the building or the
use.
(3) Expansion of Nonconforming Buildings or Structures.
(A) Agricultural or Single Family Residential Buildings and Structures. The expansion of
lawful nonconforming agricultural or single family residential buildings and structures
may be approved through the administrative permit process subject to the provisions of
Section 10 of this Chapter,provided that:
1. Expansion of principal or accessory buildings found to be nonconforming only by
reason of height,yard setback,or lot area may be permitted provided the structural
nonconformity is not increased and the expansion complies with all other performance �
standards of this Chapter. An administrative permit shall not be issued under this
section for a deviation from other requirements of this Chapter unless variances are
also approved.
2. The Zoning Administrator finds that any such expansion will not have extemal
negative impacts upon adjacent properties or public rights-of-way.
3. Long term sewage disposal needs can be met.
(B) Commercial, Industrial, Public, Semi-Public, and Multiple Family Structures.Lawful
nonconforming commercial, industrial,public, semi-public,and multiple family
structures may be expanded on the same lot upon approval of a conditional use permit,
provided thatt
1. Expansion of principal or accessory buildings found to be nonconforming only by
reason of height, yard setback,or lot area may be permitted provided the structural
nonconformity is not increased and the expansion complies with all other performance
standards of this Chapter. A conditional use permit shall not be issued under this
section for a deviation from other requirements of this Chapter unless variances are
also approved.
2. The request for conditional use permit shall be evaluated based on standards and
criteria set forth in Section 8.0 of this Chapter.
3. Long term sewage disposal needs can be met. �
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� (4) Buildings or Structures in the Floodplain Overlay District. Notwithstanding paragraphs(1), (2)
and(3)above, any restoration,alteration,replacement, repair,or expansion of a building or
structure located within the floodplain overlay district shall be regulated to the extent necessary to
maintain eligibility in the National Flood Insurance Program,and in no case shall increase
potential flood damage or increase the degree of obstruction to flood flows in the floodway.
13.4 Nonconformin Uses.
(1) Effective Date. The lawful use of buildings or land existing at the effective date of this Chapter
which does not conform to the provisions of this Chapter may be continued,unless:
(A) The nonconformity or occupancy is discontinued for a period of more than one(1)year.
(B) If a structure used for any nonconforming use is destroyed by fire or other peril to the
extent of greater than fifty(50)percent of its market value,as indicated in the records of
the county assessor at the time of damage,and no building permit has been applied for
within 180 days of when the property is damaged. If a building permit has been applied
for within 180 days of when the property is damaged,the City may impose reasonable
conditions when issuing the permit in order to mitigate any newly created impact on
adjacent property or water body.
(C) Notwithstanding item(B) above, any structure used for a nonconforming use located in
the floodplain overlay district that is destroyed by fire or other peril to the extent of
� greater than fifty(50)percent of its market value, as indicated in the records of the county
assessor at the time of damage,shall be regulated to the extent necessary to maintain
eligibility in the National Flood Insurance Program,and in no case shall be continued or
reestablished in a manner that results in potential flood damage or obstructs flood flows in
the floodway.
(2) Continued Use. A lawful,nonconforming use may be continued, including through repair,
replacement,restoration,maintenance, or improvement; provided,however,that no such
nonconforming use of land shall be enlarged or increased, including volume, intensity or
frequency of use, nor shall any such nonconforming use be expanded to occupy a greater area of
land than that occupied by such use at the time of the adoption of this Chapter,nor shall any such
nonconforming use be moved to any other part of the parcel of land upon which the same was
conducted at the time of the adoption of this Chapter.
(3) Changes to Nonconforming Uses.
(A) When a lawful nonconforming use of any structure or land in any district has been
changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(B) A lawful nonconforming use of a structure or parcel of land may be changed to lessen the
nonconformity of use. Once a nonconforming structure or parcel of land has been
changed, it shall not thereafter be so altered to increase the nonconformity.
13.5 Nonconformin Lots.
� (1) Vacant Lots, Single Family Detached Dwellings. A legal nonconforming, substandard lot of
record that is vacant may be developed for one single family detached dwelling without variances
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and upon approval of an administrative permit,provided that: �
(A) The lot was legally established in accordance with all applicable zoning and subdivision
requirements existing at the time of its creation and is a separate, distinct tax parcel.
(B) Development of the lot is consistent with the Comprehensive Plan and the lot is properly
zoned for single family use.
(C) The lot shall be at least sixty-six percent(66%)of the dimensional standards for lot size
and lot width as required by the zoning district and/or the Shoreland Overlay District as
applicable.
(D) The lot has frontage and access on an improved public street or an approved private road.
To be considered an approved private road,the City Council must, by resolution, find that
the road is capable of supporting emergency vehicles and that provisions exist for on-
going maintenance of the road.
(E) The lot must be suitable for the installation of a Type 1 sewage treatment system
consistent with Washington County regulations for Subsurface Sewage Treatment
Systems or be connected to the city's 201 Community Sewage Treatment System.
(F) All structure and septic system setbacks shall be met.
(G) Impervious surface coverage must not exceed twenty-five percent(25 %). �
(H) If in the case of two or more contiguous lots or parcels of land under a single ownership,
any individual lot or parcel does not meet the minimum requirements of this
Development Code,each individual lot or parcel cannot be considered as a separate
parcel of land for purposes of sale or development. Such lots must be combined with
adjacent lots under the same ownership so that the combination of lots will equal one or
more conforming lots as much as possible,unless each individual lot is at least 66%of
the dimensional standards for lot size and lot width and meets the requirements of
paragraphs(D)through(G), above.
(2) Developed Lots. An existing conforming use or building on a lot of substandard lot area or lot
width may be restored,altered,replaced,repaired, or expanded provided such restoration,
alteration, replacement,repair, or expansion complies with all other provisions of this Chapter. A
nonconforming lot shall not be reduced in size. A conforming lot shall not be reduced in size so
that it would become nonconforming in any aspect of this Chapter or this Development Code.
13.6 Overlav Districts.Nonconforming buildings and uses as described in the Shoreland Management
Overlay District and the Floodplain Management Overlay District of this Chapter shall be subject to the
applicable regulations and standards relating to such buildings and uses in that section.
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