Buckley City Zoning Code

It is necessary to impose limitations upon nonconforming uses in order to gradually bring such uses into harmony with the intent and purpose of the Buckley comprehensive plan and the zoning code. It is thus intended by this chapter not to allow nonconforming uses to be enlarged or expanded or extended, nor to be used as a basis for adding other structures or uses prohibited elsewhere in the same zone.

Buildings and uses which were legal at time of construction or initiation of use may continue, subject to the limitations of this chapter. If, at the time of construction or initiation of use, a building or use was legal based on the adopted codes of that time, the building or use may continue subject to the limitations of this chapter unless such building or use presents a hazard to the public health, safety, and general welfare in the city's judgment.

Any legal nonconforming building or structure which has been destroyed shall not be used again for nonconforming use, except as provided in this section. “Destruction” is defined as damage which in order to repair would cost more than 80% of the structure’s value prior to its destruction, or where more than 80% of the structure’s floor area is seriously damaged or destroyed. An existing, legal nonconforming, single-family residential dwelling unit located in the HC, CF, CMU or HDR-High zone shall not be subject to this restriction and the destruction of any such nonconforming, single-family dwelling unit may be reconstructed so long as the reconstructed dwelling meets all bulk requirements and uses as set forth in the then-existing zone as set forth in BMC § 19.20.050. An existing, legal nonconforming, storage facility located in the CF zone, but not in the 410 overlay, shall not be subject to this restriction, and the destruction of any such nonconforming storage facility may be reconstructed, so long as the reconstructed facility meets all bulk requirements set forth in the then-existing CF zone as set forth in BMC § 19.20.100.

If any nonconforming use is abandoned or vacant for any reason whatsoever for a period of more than six months, any subsequent use shall be in conformity with the requirements of the zone in which the use was located.

Any nonconforming use of land and/or buildings or structures shall not be changed to any other use unless said proposed use is a use that is permitted in the zone of which said legal nonconforming use is located.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official.