Cle Elum City Zoning Code
17.04 General
Provisions
The lawful use of any building, structure, land or sign in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be continued subject to the limitations of this section.
A. Expansion. No existing building, structure or land containing a nonconforming use shall be expanded, enlarged, reconstructed, intensified or structurally altered unless the following standards are met:
17.04.010 Title.
This title shall be known as the “Zoning Ordinance of the City of Cle Elum.”
17.04.020 Map adopted.
This title consists of the text hereof together with that certain map identified by the approving signatures of the mayor and the city clerk on the title page and marked and designated as “The map of the zoning ordinance of the city of Cle Elum,” which map is on file in the office of the city clerk. The map has been examined by the city council and is adopted as part of this title. The title, and each and all of its terms, is to be read and interpreted in the light of the contents of the map. In the event of any conflict between the map and the text of this title, the text of this title shall prevail.
17.04.040 Nonconforming uses.
The lawful use of any building, structure, land or sign in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be continued subject to the limitations of this section.
A. Expansion. No existing building, structure or land containing a nonconforming use shall be expanded, enlarged, reconstructed, intensified or structurally altered unless the following standards are met:
1. Degree of nonconformity is not increased. For the purposes of this chapter, the degree of nonconformity means the extent to which a building, structure, or use does not comply with current zoning standards. An expansion, alteration, or change shall not increase the degree of nonconformity.
Example (allowed): A dwelling that encroaches two feet into a required side yard setback may be expanded on the opposite side of the structure, provided the addition meets current setback standards.
Example (not allowed): An addition within the encroaching side yard would increase the setback encroachment and is not permitted.
2. Building or use expansion shall not exceed fifty percent of the existing footprint; provided, that it does not increase the degree of nonconformity.
Example: A single-family dwelling in the commercial zoning district that can add a garage or expand the structure as long as it meets the underlying zoning standards.
3. All other applicable standards of the underlying zone are met.
B. Change. When authorized by the planning director, a nonconforming use may be changed to a use of a like nature or use that is more in conformance with the existing regulations.
C. Extension. When authorized by the planning director, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations except those required by law are made therein.
D. Discontinuance. When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of one year, such use shall be considered abandoned and lose its nonconforming status. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the one-year period of discontinuance.
E. Reversion. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.
F. Residential Exception. Legally established residential uses located in any zoning district shall not be deemed nonconforming for the purposes of residential alteration, residential enlargement or residential expansion provided:
1. The residential use was legally established.
2. The residential use has been continuous and has never lapsed for more than twelve consecutive months.
3. The residential use shall comply with the development standards of the underlying zone in which it is located.
17.04.050 Nonconforming buildings and structures.
A building or structure in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be maintained subject to the limitations of this section.
A. Expansion. A nonconforming structure may not be changed, altered, replaced, added to or expanded in any manner, except as provided in CEMC Section 17.04.040(A).
B. Repair. Normal structural repair and maintenance work as required to keep the structure in sound condition may be made, including replacement of walls, fixtures and plumbing.
C. Reconstruction of a Nonconforming Structure. In case of damage or destruction by fire or other causes the structure can be rebuilt as it was, immediately prior to the damage or in a manner that is more conforming. Permits to repair the damage must be applied for within one year and construction must be completed within two years of the damage occurring or the legal nonconforming status will be lost.
D. Any nonconforming structures shall be maintained in usable condition or the nonconforming status shall be lost.
E. In the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is fifty percent or less of the existing building area. The provisions of CEMC Section 14.30.050 shall also be used for the reconstruction of a nonconforming single-family dwelling or duplex. In the case of expanding anything else, the application procedures shall be the same as those established in CEMC Section 14.30.070.
17.04.060 Nonconforming lots of record.
A. Residential districts – In any residential district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district, provided that yard dimensions and requirements (other than those applying to area or width) shall conform to the regulations for the district in which such lot is located.
In all residential zoning districts, if two or more lots or combinations of lots and portions of lots with continuous frontage are of record prior to May 23, 1960, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.
B. Other districts – In any other district, permitted buildings and structures may be constructed on a nonconforming lot of record, provided lot coverage, yard, landscaping and off-street parking requirements are met. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. If all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.
17.04.070 Controlling provisions.
The provisions of this title shall be held to be minimum requirements. Where this title imposes greater restrictions than are imposed by other chapters, laws, rules, or regulations, the provisions of this title shall control. Where this title imposes lesser restrictions than are imposed by other chapters, laws, rules or regulations, the provisions of the more restrictive title shall control.
17.04.080 Severability.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.
17.04.010 Title.
This title shall be known as the “Zoning Ordinance of the City of Cle Elum.”
17.04.020 Map adopted.
This title consists of the text hereof together with that certain map identified by the approving signatures of the mayor and the city clerk on the title page and marked and designated as “The map of the zoning ordinance of the city of Cle Elum,” which map is on file in the office of the city clerk. The map has been examined by the city council and is adopted as part of this title. The title, and each and all of its terms, is to be read and interpreted in the light of the contents of the map. In the event of any conflict between the map and the text of this title, the text of this title shall prevail.
17.04.040 Nonconforming uses.
The lawful use of any building, structure, land or sign in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be continued subject to the limitations of this section.
A. Expansion. No existing building, structure or land containing a nonconforming use shall be expanded, enlarged, reconstructed, intensified or structurally altered unless the following standards are met:
1. Degree of nonconformity is not increased. For the purposes of this chapter, the degree of nonconformity means the extent to which a building, structure, or use does not comply with current zoning standards. An expansion, alteration, or change shall not increase the degree of nonconformity.
Example (allowed): A dwelling that encroaches two feet into a required side yard setback may be expanded on the opposite side of the structure, provided the addition meets current setback standards.
Example (not allowed): An addition within the encroaching side yard would increase the setback encroachment and is not permitted.
2. Building or use expansion shall not exceed fifty percent of the existing footprint; provided, that it does not increase the degree of nonconformity.
Example: A single-family dwelling in the commercial zoning district that can add a garage or expand the structure as long as it meets the underlying zoning standards.
3. All other applicable standards of the underlying zone are met.
B. Change. When authorized by the planning director, a nonconforming use may be changed to a use of a like nature or use that is more in conformance with the existing regulations.
C. Extension. When authorized by the planning director, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations except those required by law are made therein.
D. Discontinuance. When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of one year, such use shall be considered abandoned and lose its nonconforming status. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the one-year period of discontinuance.
E. Reversion. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.
F. Residential Exception. Legally established residential uses located in any zoning district shall not be deemed nonconforming for the purposes of residential alteration, residential enlargement or residential expansion provided:
1. The residential use was legally established.
2. The residential use has been continuous and has never lapsed for more than twelve consecutive months.
3. The residential use shall comply with the development standards of the underlying zone in which it is located.
17.04.050 Nonconforming buildings and structures.
A building or structure in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be maintained subject to the limitations of this section.
A. Expansion. A nonconforming structure may not be changed, altered, replaced, added to or expanded in any manner, except as provided in CEMC Section 17.04.040(A).
B. Repair. Normal structural repair and maintenance work as required to keep the structure in sound condition may be made, including replacement of walls, fixtures and plumbing.
C. Reconstruction of a Nonconforming Structure. In case of damage or destruction by fire or other causes the structure can be rebuilt as it was, immediately prior to the damage or in a manner that is more conforming. Permits to repair the damage must be applied for within one year and construction must be completed within two years of the damage occurring or the legal nonconforming status will be lost.
D. Any nonconforming structures shall be maintained in usable condition or the nonconforming status shall be lost.
E. In the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is fifty percent or less of the existing building area. The provisions of CEMC Section 14.30.050 shall also be used for the reconstruction of a nonconforming single-family dwelling or duplex. In the case of expanding anything else, the application procedures shall be the same as those established in CEMC Section 14.30.070.
17.04.060 Nonconforming lots of record.
A. Residential districts – In any residential district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district, provided that yard dimensions and requirements (other than those applying to area or width) shall conform to the regulations for the district in which such lot is located.
In all residential zoning districts, if two or more lots or combinations of lots and portions of lots with continuous frontage are of record prior to May 23, 1960, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.
B. Other districts – In any other district, permitted buildings and structures may be constructed on a nonconforming lot of record, provided lot coverage, yard, landscaping and off-street parking requirements are met. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. If all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.
17.04.070 Controlling provisions.
The provisions of this title shall be held to be minimum requirements. Where this title imposes greater restrictions than are imposed by other chapters, laws, rules, or regulations, the provisions of this title shall control. Where this title imposes lesser restrictions than are imposed by other chapters, laws, rules or regulations, the provisions of the more restrictive title shall control.
17.04.080 Severability.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.