Clyde Hill City Zoning Code

A nonconforming use of land may be continued notwithstanding the provisions of this title, unless the same has been discontinued or abandoned. Any nonconforming use which has been discontinued or abandoned for a period of 12 consecutive months at any time since the effective date of the regulation which rendered the use nonconforming may not be resumed unless the use conforms to the provisions of the Clyde Hill Municipal Code.

Nonconforming uses may not be expanded into additional areas of the building or structure in which or the land upon which they are located, nor may such use or uses be enlarged in scope, volume, area, size, or intensity, including, but not limited to, enlargement in terms of number of employees, equipment or hours of operation, unless the expansion or enlargement makes the use more conforming or is required by city ordinance, state or federal law.

A legal use does not become nonconforming if the zone in which it is located is changed to a zone district which required a conditional use permit for the use; however, the use may not be altered, as stated in subsection (B) of this section, without obtaining a conditional use permit or variance.

If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of the same or more restricted classification. If a nonconforming use is changed to a more restricted use, no further change is permitted unless to a still more restricted use.

No existing building or structure designed, arranged or intended for or devoted to a use not permitted under the regulations of this title for the district in which such building or structure is located shall be enlarged, extended, reconstructed, or structurally altered unless such use is changed to a use permitted under the regulations specified by this title for such district in which the building is located; provided, however, that work done in any period of 12 months or ordinary structural alterations, replacement of walls, fixtures or plumbing the cost of which does not exceed 75 percent of the assessed value of the building according to the assessment thereof by the assessor of the county for the fiscal year in which work is done shall be permitted, so long as the building footprint is not increased in size and the cubical contents (volume) of the building or structure is not expanded.

Notwithstanding any other provision of this section, whenever the city council, upon recommendation of the planning commission, shall determine that there is a significant health or safety hazard caused or created by any nonconforming use, the city council may direct that the use be made conforming to the extent necessary to eliminate the health or safety hazard or may direct that the use be terminated if the hazard cannot be eliminated otherwise.

A nonconforming structure may be continued unless required to be abated by the Uniform Code for the Abatement of Dangerous Buildings or other regulations adopted by the city.

Ordinary maintenance and repair of a nonconforming structure is allowed. Nonconforming structures may be altered or enlarged only if:

Substantial Damage, Destruction or Remodeling. If at any time any building or structure which is legally nonconforming under the provisions of this title, shall be substantially damaged or destroyed by fire, explosion, act of God, act of the public enemy or other hazard or cause of any nature (hereinafter "substantially damaged or destroyed"), or is substantially remodeled by the owner (hereinafter "substantially remodeled") then and without further action by the city, the building or structure and land upon which the building or structure was located or maintained shall, from and after the date of such destruction, be subject to all of the regulations specified by this title for the district in which the building or structure and land are located.

Threshold for Substantial Damage or Destruction. A building or structure will be considered substantially damaged or destroyed when the cost to repair the damage or destruction equals or exceeds 75 percent of the fair market value of all structures on the property.

Threshold for Substantial Remodeling.

Fair Market Value. For purposes of this section "fair market value" shall be presumed to equal the assessed value of the building or structure unless the owner provides the city with an appraisal prepared and certified by a licensed real estate appraiser in which case the fair market value contained in said appraisal shall be used.

Restoration. Buildings or structures that are damaged, or destroyed or remodeled to an extent less than that specified in subsections (B) and (C) of this section may be restored in the same location and to the same dimensions as existed before the damage, destruction or remodel occurred; provided, that the restoration is completed within one year from the date that the damage or destruction occurred or the date the remodel commenced. If the building or structure is not fully restored within the one-year period, the building or structure shall lose its legal nonconforming status and be subject to all of the regulations specified by this title for the district in which the building or structure and land are located.