Any lawful use, including those allowed by permit but not yet completed at the time of a zone change or annexation, may be continued or completed, even though it does not conform with this Title and will be considered legal, nonconforming. Such a nonconforming use or structure must be certified by the Planning Department and be maintained and repaired as such in accord with all other applicable regulations, per the Kennewick Municipal Code and applicable building codes.

(Ord. 5180 Sec. 1, 2007)

No use or structure which has been made conforming may again be made nonconforming nor shall any nonconforming use which has ceased for six months be again resumed except in the event of death, legal incapacitation or physical disability, in which case the use will have one year to resume.

(Ord. 5180 Sec. 1, 2007)

In any district where residential uses are permitted, a detached single-family dwelling may be erected on any lot of official record on the effective date of the ordinance codified in this title, or upon annexation.

(Ord. 5180 Sec. 1, 2007)

In any district where public water supply or sanitary sewer is not accessible, the lot area and yard requirements shall be establish as required by the Benton-Franklin District Health Department.

(Ord. 5180 Sec. 1, 2007)

A nonconforming use may be changed to another use only if such use is not more nonconforming than the existing nonconforming use and provided the nonconforming use has not been discontinued as per Section 18.15.020 above. The new use shall be approved using the applicable review process.

(Ord. 5180 Sec. 1, 2007)

A nonconforming structure may be expanded up to 25 percent in building area, land area, and/or parking area, using the applicable review process. Under no circumstances shall the expansion result in the following:

(1)

Increasing the number of dwelling units above the maximum allowed by the zoning code; or

(2)

Decreasing the number of off-street parking spaces below the minimum required by the zoning code.

(Ord. 5180 Sec. 1, 2007)

If a nonconforming structure is destroyed to any extent by fire or other casualty not intentionally caused by the owner, the structure may be rebuilt and the use may be re-established if the following requirements are met:

(1)

The nonconformity is certified by the planning department;

(2)

A complete building permit application is filed within one year of such fire or other casualty;

(3)

Construction is commenced and completed in conformance with the provisions of the applicable zoning, building, and other codes then in effect. Note: This provision shall not reduce any requirements of the building or fire codes in effect when such structure is rebuilt;

(4)

Exception: A nonresidential nonconforming use located in a residential zone which is damaged beyond 50 percent of its value, as determined by the building official, shall lose its nonconforming status and shall not be allowed to be rebuilt.

(Ord. 5180 Sec. 1, 2007)

A single-family dwelling which is nonconforming in setbacks or lot coverage may be voluntarily removed or demolished and replaced by a new single-family dwelling which has the same nonconforming setbacks or lot coverage as the prior nonconforming dwelling provided:

(1)

That the nonconformity is not increased;

(2)

That the new dwelling meets all current building code requirements;

(3)

That the nonconformity and placement of the subject structure(s) is certified by the planning department;

(4)

That a replaced detached accessory structure does not exceed 16 feet in height, or the height at which the structure was certified above 16 feet, and

(5)

That the replacement structure(s) meets current building code requirements.

(Ord. 5180 Sec. 1, 2007)

If a nonconforming structure which has no permanent foundation is destroyed and the foundation's location cannot be verified by the planning department, and if the nonconformity has not been certified, then any new construction shall comply with the requirements of the zoning code.

(Ord. 5180 Sec. 1, 2007)