Battle Ground City Zoning Code
CHAPTER 17
141 NONCONFORMING BUILDINGS, LOTS AND USES
§ 17.141.010 Purpose and intent.
Within the districts established by this title, there exist certain buildings, lots, and uses which were lawful before these regulations were adopted but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendments. It is the intention of this chapter to allow nonconforming uses to continue but to regulate the expansion of nonconforming uses and structures to be consistent with the objectives of maintaining the economic viability and the protection of the rights of surrounding property owners. The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such alleged nonconformity and not upon the city.
(Ord. 95-769 § 5 (part), 1995; Ord. 15-04 § 31 (part), 2015; Ord. 23-11 § 4, 2023)
§ 17.141.020 Nonconforming lots of record.
"Nonconforming lot" is defined at BGMC § 17.103.500. Any use may be established on any single undersized legal lot of record that cannot satisfy the lot area or width requirements of the applicable district; provided, that:
A.
All other applicable regulations of the city, as well as the development standards in this code, are met;
B.
The lot was legally created and satisfied the lot area and width requirements applicable at the time of creation; and
C.
Any applicable standards governing public health are met.
(Ord. 95-769 § 5 (part), 1995; Ord. 23-11 § 4, 2023)
§ 17.141.030 Expansion of nonconforming buildings.
"Nonconforming structure" is defined at BGMC § 17.103.502. A nonconforming building may be expanded in accordance with the following:
A.
Changes to the building that would alter or increase the nonconformity are not permitted.
1.
Adding to the footprint of a nonconforming building is permitted if the addition meets the dimensional requirements of the zone in which it is located; provided, that no use may be extended to occupy any land outside such building or structure;
2.
Amendments to an elevation's architectural features will require that wall to meet applicable design standards of the underlying zone.
B.
Nonconforming buildings shall not be relocated on the same or a new lot unless the move results in bringing the building or structure into conformance with the regulations of this code.
C.
If a nonconforming building is rebuilt, altered, or repaired after damage exceeding fifty percent of its actual replacement cost at the time of destruction. When determining whether the building which contained the nonconforming use may be reconstructed, the applicant must show the following conditions can be met:
1.
The applicant has requested review within six months of the date that the building was damaged or destroyed;
2.
The building will be constructed to the configuration existing immediately prior to the time the building was damaged;
3.
Restoration can be completed within one year of approval. A one-time extension of up to six months may be granted if a written extension request has been received from the applicant prior to the expiration of the initial year and the applicant has pursued construction in good faith. Good faith shall be evidenced by progress on engineering or construction of improvements.
In no event shall this section be construed as to authorize the expansion of a nonconforming building or structure for a use which is not permitted by the regulations for the district within which such building or structure is located.
(Ord. 95-769 § 5 (part), 1995; Ord. 04-024 § 46, 2004; Ord. 23-11 § 4, 2023)
§ 17.141.040 Continuance and discontinuance of nonconforming uses.
"Nonconforming use" is defined at BGMC § 17.103.504. Any preexisting lawful use of land that exists and is made nonconforming under the terms of this code may be continued so long as it remains otherwise lawful, but is subject to the following provisions:
A.
The site shall not change to another nonconforming use;
B.
If any such nonconforming use ceases for any reason whatsoever for a period of more than twelve consecutive months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located;
C.
The use shall not be expanded, enlarged, or extended. For the purposes of this section, the term "enlarged, expanded, or extended" shall include, but not be limited to:
1.
Increased hours;
2.
Increased services or programs;
3.
Increased number of residential dwellings;
4.
Structural additions;
5.
Anything beyond regular maintenance and minor repairs;
D.
A building containing a nonconforming use shall not be rebuilt, altered, or repaired after damage exceeding fifty percent of its actual replacement cost at the time of destruction. If damage is less than fifty percent of the actual replacement cost, then work must be completed within one year of the date the damage occurred. When determining whether the building which contained the nonconforming use may be reconstructed, the applicant must show the following conditions can be met:
1.
The applicant has requested review within six months of the date that the building was damaged or destroyed;
2.
The building will be constructed to the configuration existing immediately prior to the time the building was damaged;
3.
Restoration can be completed within one year of approval;
4.
The landscape strip and buffer requirements of the district in which the structure is located can be met, and any street frontage improvements required by the city under current law will be provided by the applicant;
5.
Off-street parking can be provided in accordance with this title; provided, that the original configuration and placement of the building on the lot will allow such;
E.
A nonconforming use shall be not moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title.
The planning director may impose additional mitigating conditions such as those normally applied to a conditional use permit in the same district.
(Ord. 95-769 § 5 (part), 1995; Ord. 04-024 § 47, 2004; Ord. 15-04 § 31 (part), 2015; Ord. 23-11 § 4, 2023)
§ 17.141.050 Change of use.
The legal nonconforming use of a building, structure, or land may be changed to a conforming use subject to the following:
A.
Permitted use in the zone.
B.
Site plan review process shall be required for a conversion from a nonconforming use to a use permitted in the zone under the provisions of Chapter 17.143 BMC to ensure compliance with applicable development standards. Whether the application is a Type I or Type II will depend on the criteria in BGMC § 17.143.030. Once converted to a permitted use, the nonconforming use may not be reestablished.
C.
A building permit review will be required in accordance with BGMC Title 15.
(Ord. 15-04 § 31 (part), 2015)
