of Nonconforming Use, Parcels, and Pre-Existing Uses
SOURCE: | ADOPTED: |
Ord. 581 | 12/19/95 |
(Ord. 581, 12/19/95)
A pre-existing structure which is nonconforming with the standards of this code may be continued, maintained, remodeled, or reconstructed; provided, that the new construction does not further intrude into the required setbacks. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 1,000 square feet and no portion of the structure is located closer to the property lines than the original footprint of the structure.
It is the intent of this chapter to permit nonconformities to continue and be maintained.
If an undeveloped, pre-existing lot or parcel has an area which does not meet the minimum lot size requirements of the zone in which it is located, the lot or parcel may be occupied by a use permitted in the zone subject to all other applicable County and State development requirements. In zoning districts which permit multifamily dwellings, such multifamily structures shall be permitted only on a lot meeting the minimum standards of this title regarding minimum area required for multifamily dwellings.
A pre-existing use which is nonconforming with the standards of this title may be continued and maintained, provided it is not enlarged, or altered in any way which increases its nonconformity unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A pre-existing structure which is nonconforming with the standards of this code may be continued, maintained, remodeled, or reconstructed; provided, that the new construction does not further intrude into the required setbacks. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 1,000 square feet and no portion of the structure is located closer to the property lines than the original footprint of the structure.
Nonconforming commercial and industrial uses located adjacent to any State or federal highway shall not add new access points to such highways to serve said existing, nonconforming use.
A pre-existing, nonconforming use shall not be converted to another nonconforming use unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A conforming use established prior to adoption of this code located in a pre-existing, nonconforming structure may be converted to another conforming use, provided all applicable standards are complied with such as adequate parking, compliance with density and sign standards and SEPA requirements.
(1) Partial Destruction. When a nonconforming structure is damaged by natural causes, but the extent of damage is less than fifty (50) percent of the replacement cost of the structure, the nonconforming structure may be reconstructed to the configurations existing immediately prior to the time the structure was damaged. Such reconstruction must be completed within eighteen (18) months of said damage.
(2) Substantial Destruction. When a nonconforming structure is damaged by natural causes to an extent exceeding fifty (50) percent of the replacement cost of the entire building, it shall not be repaired or reconstructed unless it is done so to conform to the development requirements of the zone in which the structure is located, unless a variance is issued by the Board of Adjustment or Hearing Examiner.
The extent of damage shall be determined upon review of construction estimates by the Zoning Administrator.
Nothing contained in this chapter shall require any change in plans, construction, alteration, or designated use of a structure specified in a complete application for a Clallam County development permit submitted prior to the adoption of this chapter. Improvements and uses authorized by a signed document of the Board of County Commissioners recorded motion or resolution of the Board of County Commissioners, or any permit issued by the County or the State of Washington prior to the effective date of this title may be developed as set forth in said permit without this title. If said permit becomes invalid prior to development of said improvements or uses, the provisions of this title shall then be in full force and effect on the subject property.
Any person may request that a determination be made regarding the conformity or nonconformity of a pre-existing use and/or structure. Said request shall be directed to the Administrator in writing. The burden of proof shall fall on the person requesting the determination. Proof shall consist of utility records, photos, assessor’s records, title and legal description. The Administrator shall make a determination as to the conformity of such use and/or structure within fifteen (15) days from the date of receipt of such request. The Administrator’s findings, upon which said determination is based, shall be made available to the applicant.
The Administrator’s determination may be appealed to the Board of Adjustment or Hearing Examiner in writing.
If a nonconforming use ceases, it shall be continued not later than eighteen (18) months following cessation in order to maintain its status as a legal nonconforming use. If the nonconforming use is not continued within eighteen (18) months, subsequent use shall be in compliance with the minimum standards of the zone which is applicable.
Normal maintenance of existing nonconforming structures includes those usual acts to prevent a decline or lapse, or cessation from a lawfully established condition. Examples of normal maintenance shall be painting, reroofing and those actions to maintain safe building requirements according to the Uniform Building Code. Normal reconstruction means to restore a structure to a state comparable to its original condition prior to damage from natural causes not to exceed fifty (50) percent of the replacement cost of the structure.
It is the intent of this chapter to permit nonconformities to continue and be maintained.
If an undeveloped, pre-existing lot or parcel has an area which does not meet the minimum lot size requirements of the zone in which it is located, the lot or parcel may be occupied by a use permitted in the zone subject to all other applicable County and State development requirements. In zoning districts which permit multifamily dwellings, such multifamily structures shall be permitted only on a lot meeting the minimum standards of this title regarding minimum area required for multifamily dwellings.
A pre-existing use which is nonconforming with the standards of this title may be continued and maintained, provided it is not enlarged, or altered in any way which increases its nonconformity unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A pre-existing structure which is nonconforming with the standards of this code may be continued, maintained, remodeled, or reconstructed; provided, that the new construction does not further intrude into the required setbacks. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 1,000 square feet and no portion of the structure is located closer to the property lines than the original footprint of the structure.
Nonconforming commercial and industrial uses located adjacent to any State or federal highway shall not add new access points to such highways to serve said existing, nonconforming use.
A pre-existing, nonconforming use shall not be converted to another nonconforming use unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A conforming use established prior to adoption of this code located in a pre-existing, nonconforming structure may be converted to another conforming use, provided all applicable standards are complied with such as adequate parking, compliance with density and sign standards and SEPA requirements.
(1) Partial Destruction. When a nonconforming structure is damaged by natural causes, but the extent of damage is less than fifty (50) percent of the replacement cost of the structure, the nonconforming structure may be reconstructed to the configurations existing immediately prior to the time the structure was damaged. Such reconstruction must be completed within eighteen (18) months of said damage.
(2) Substantial Destruction. When a nonconforming structure is damaged by natural causes to an extent exceeding fifty (50) percent of the replacement cost of the entire building, it shall not be repaired or reconstructed unless it is done so to conform to the development requirements of the zone in which the structure is located, unless a variance is issued by the Board of Adjustment or Hearing Examiner.
The extent of damage shall be determined upon review of construction estimates by the Zoning Administrator.
Nothing contained in this chapter shall require any change in plans, construction, alteration, or designated use of a structure specified in a complete application for a Clallam County development permit submitted prior to the adoption of this chapter. Improvements and uses authorized by a signed document of the Board of County Commissioners recorded motion or resolution of the Board of County Commissioners, or any permit issued by the County or the State of Washington prior to the effective date of this title may be developed as set forth in said permit without this title. If said permit becomes invalid prior to development of said improvements or uses, the provisions of this title shall then be in full force and effect on the subject property.
Any person may request that a determination be made regarding the conformity or nonconformity of a pre-existing use and/or structure. Said request shall be directed to the Administrator in writing. The burden of proof shall fall on the person requesting the determination. Proof shall consist of utility records, photos, assessor’s records, title and legal description. The Administrator shall make a determination as to the conformity of such use and/or structure within fifteen (15) days from the date of receipt of such request. The Administrator’s findings, upon which said determination is based, shall be made available to the applicant.
The Administrator’s determination may be appealed to the Board of Adjustment or Hearing Examiner in writing.
If a nonconforming use ceases, it shall be continued not later than eighteen (18) months following cessation in order to maintain its status as a legal nonconforming use. If the nonconforming use is not continued within eighteen (18) months, subsequent use shall be in compliance with the minimum standards of the zone which is applicable.
Normal maintenance of existing nonconforming structures includes those usual acts to prevent a decline or lapse, or cessation from a lawfully established condition. Examples of normal maintenance shall be painting, reroofing and those actions to maintain safe building requirements according to the Uniform Building Code. Normal reconstruction means to restore a structure to a state comparable to its original condition prior to damage from natural causes not to exceed fifty (50) percent of the replacement cost of the structure.
of Nonconforming Use, Parcels, and Pre-Existing Uses
SOURCE: | ADOPTED: |
Ord. 581 | 12/19/95 |
(Ord. 581, 12/19/95)
A pre-existing structure which is nonconforming with the standards of this code may be continued, maintained, remodeled, or reconstructed; provided, that the new construction does not further intrude into the required setbacks. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 1,000 square feet and no portion of the structure is located closer to the property lines than the original footprint of the structure.
It is the intent of this chapter to permit nonconformities to continue and be maintained.
If an undeveloped, pre-existing lot or parcel has an area which does not meet the minimum lot size requirements of the zone in which it is located, the lot or parcel may be occupied by a use permitted in the zone subject to all other applicable County and State development requirements. In zoning districts which permit multifamily dwellings, such multifamily structures shall be permitted only on a lot meeting the minimum standards of this title regarding minimum area required for multifamily dwellings.
A pre-existing use which is nonconforming with the standards of this title may be continued and maintained, provided it is not enlarged, or altered in any way which increases its nonconformity unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A pre-existing structure which is nonconforming with the standards of this code may be continued, maintained, remodeled, or reconstructed; provided, that the new construction does not further intrude into the required setbacks. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 1,000 square feet and no portion of the structure is located closer to the property lines than the original footprint of the structure.
Nonconforming commercial and industrial uses located adjacent to any State or federal highway shall not add new access points to such highways to serve said existing, nonconforming use.
A pre-existing, nonconforming use shall not be converted to another nonconforming use unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A conforming use established prior to adoption of this code located in a pre-existing, nonconforming structure may be converted to another conforming use, provided all applicable standards are complied with such as adequate parking, compliance with density and sign standards and SEPA requirements.
(1) Partial Destruction. When a nonconforming structure is damaged by natural causes, but the extent of damage is less than fifty (50) percent of the replacement cost of the structure, the nonconforming structure may be reconstructed to the configurations existing immediately prior to the time the structure was damaged. Such reconstruction must be completed within eighteen (18) months of said damage.
(2) Substantial Destruction. When a nonconforming structure is damaged by natural causes to an extent exceeding fifty (50) percent of the replacement cost of the entire building, it shall not be repaired or reconstructed unless it is done so to conform to the development requirements of the zone in which the structure is located, unless a variance is issued by the Board of Adjustment or Hearing Examiner.
The extent of damage shall be determined upon review of construction estimates by the Zoning Administrator.
Nothing contained in this chapter shall require any change in plans, construction, alteration, or designated use of a structure specified in a complete application for a Clallam County development permit submitted prior to the adoption of this chapter. Improvements and uses authorized by a signed document of the Board of County Commissioners recorded motion or resolution of the Board of County Commissioners, or any permit issued by the County or the State of Washington prior to the effective date of this title may be developed as set forth in said permit without this title. If said permit becomes invalid prior to development of said improvements or uses, the provisions of this title shall then be in full force and effect on the subject property.
Any person may request that a determination be made regarding the conformity or nonconformity of a pre-existing use and/or structure. Said request shall be directed to the Administrator in writing. The burden of proof shall fall on the person requesting the determination. Proof shall consist of utility records, photos, assessor’s records, title and legal description. The Administrator shall make a determination as to the conformity of such use and/or structure within fifteen (15) days from the date of receipt of such request. The Administrator’s findings, upon which said determination is based, shall be made available to the applicant.
The Administrator’s determination may be appealed to the Board of Adjustment or Hearing Examiner in writing.
If a nonconforming use ceases, it shall be continued not later than eighteen (18) months following cessation in order to maintain its status as a legal nonconforming use. If the nonconforming use is not continued within eighteen (18) months, subsequent use shall be in compliance with the minimum standards of the zone which is applicable.
Normal maintenance of existing nonconforming structures includes those usual acts to prevent a decline or lapse, or cessation from a lawfully established condition. Examples of normal maintenance shall be painting, reroofing and those actions to maintain safe building requirements according to the Uniform Building Code. Normal reconstruction means to restore a structure to a state comparable to its original condition prior to damage from natural causes not to exceed fifty (50) percent of the replacement cost of the structure.
It is the intent of this chapter to permit nonconformities to continue and be maintained.
If an undeveloped, pre-existing lot or parcel has an area which does not meet the minimum lot size requirements of the zone in which it is located, the lot or parcel may be occupied by a use permitted in the zone subject to all other applicable County and State development requirements. In zoning districts which permit multifamily dwellings, such multifamily structures shall be permitted only on a lot meeting the minimum standards of this title regarding minimum area required for multifamily dwellings.
A pre-existing use which is nonconforming with the standards of this title may be continued and maintained, provided it is not enlarged, or altered in any way which increases its nonconformity unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A pre-existing structure which is nonconforming with the standards of this code may be continued, maintained, remodeled, or reconstructed; provided, that the new construction does not further intrude into the required setbacks. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 1,000 square feet and no portion of the structure is located closer to the property lines than the original footprint of the structure.
Nonconforming commercial and industrial uses located adjacent to any State or federal highway shall not add new access points to such highways to serve said existing, nonconforming use.
A pre-existing, nonconforming use shall not be converted to another nonconforming use unless a conditional use permit is granted by the Board of Adjustment or Hearing Examiner pursuant to the requirements of Chapter 33.27 CCC.
A conforming use established prior to adoption of this code located in a pre-existing, nonconforming structure may be converted to another conforming use, provided all applicable standards are complied with such as adequate parking, compliance with density and sign standards and SEPA requirements.
(1) Partial Destruction. When a nonconforming structure is damaged by natural causes, but the extent of damage is less than fifty (50) percent of the replacement cost of the structure, the nonconforming structure may be reconstructed to the configurations existing immediately prior to the time the structure was damaged. Such reconstruction must be completed within eighteen (18) months of said damage.
(2) Substantial Destruction. When a nonconforming structure is damaged by natural causes to an extent exceeding fifty (50) percent of the replacement cost of the entire building, it shall not be repaired or reconstructed unless it is done so to conform to the development requirements of the zone in which the structure is located, unless a variance is issued by the Board of Adjustment or Hearing Examiner.
The extent of damage shall be determined upon review of construction estimates by the Zoning Administrator.
Nothing contained in this chapter shall require any change in plans, construction, alteration, or designated use of a structure specified in a complete application for a Clallam County development permit submitted prior to the adoption of this chapter. Improvements and uses authorized by a signed document of the Board of County Commissioners recorded motion or resolution of the Board of County Commissioners, or any permit issued by the County or the State of Washington prior to the effective date of this title may be developed as set forth in said permit without this title. If said permit becomes invalid prior to development of said improvements or uses, the provisions of this title shall then be in full force and effect on the subject property.
Any person may request that a determination be made regarding the conformity or nonconformity of a pre-existing use and/or structure. Said request shall be directed to the Administrator in writing. The burden of proof shall fall on the person requesting the determination. Proof shall consist of utility records, photos, assessor’s records, title and legal description. The Administrator shall make a determination as to the conformity of such use and/or structure within fifteen (15) days from the date of receipt of such request. The Administrator’s findings, upon which said determination is based, shall be made available to the applicant.
The Administrator’s determination may be appealed to the Board of Adjustment or Hearing Examiner in writing.
If a nonconforming use ceases, it shall be continued not later than eighteen (18) months following cessation in order to maintain its status as a legal nonconforming use. If the nonconforming use is not continued within eighteen (18) months, subsequent use shall be in compliance with the minimum standards of the zone which is applicable.
Normal maintenance of existing nonconforming structures includes those usual acts to prevent a decline or lapse, or cessation from a lawfully established condition. Examples of normal maintenance shall be painting, reroofing and those actions to maintain safe building requirements according to the Uniform Building Code. Normal reconstruction means to restore a structure to a state comparable to its original condition prior to damage from natural causes not to exceed fifty (50) percent of the replacement cost of the structure.