Kirkland City Zoning Code

Any nonconforming use, building or structure which existed lawfully at the time of enactment of this chapter may be continued, subject to the regulations which follow in this article.

All nonconforming uses shall be registered with the Building Inspector by the owner or agent within six months of the date of adoption of this chapter.

A. General restrictions.

(1) The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter.

(2) A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter.

(3) A nonconforming use of land shall not be changed to another nonconforming use. (4) If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.

B. Notwithstanding any other provision of this chapter, any automobile or other junkyard or any nonconforming billboard sign or advertising device in existence in any district at the time of adoption of this chapter, or amendment hereto, shall be discontinued within one year of the date of such adoption or amendment, unless a ruling has been requested and received by appeal to the Zoning Board of Appeals in accordance with the following subsection.

C. The amortization period for a nonconforming use of land may be established by the Zoning Board of Appeals in relation to:

(1) The nature of the business.

(2) The amount of the investment.

(3) The number or extent of improvements.

(4) The detriment caused by the nonconforming use.

(5) The character of the neighborhood.

(6) The amount of time needed by the owner to amortize his investment.

A. Additions. A nonconforming building shall not be added to or enlarged in any manner, unless such nonconforming building, and the use thereof, is made to conform to all the regulations of the district in which it is located.

B. Alterations and repairs. No structural alterations shall be made to any nonconforming building unless such alterations are required by law; provided, however, that such maintenance and repairs as are required to keep a nonconforming building or structure in sound condition shall be permitted.

C. Changes. A nonconforming use of a building may not be changed, except to a conforming use. When so changed, the nonconforming use may not be resumed thereafter.

D. Discontinuance. A nonconforming use of a building or structure, or a portion thereof, which is discontinued for a period of 12 consecutive months shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under any of the following conditions:

(1) Vacancy of a nonconforming use building or discontinuance of a nonconforming use for a period of 12 consecutive months.

(2) Manifestation of a clear intent on the part of the owner to abandon the nonconforming use.

E. Extension. A nonconforming use may not be extended to any other part of such building.

F. Restoration. A building devoted to a nonconforming use destroyed or damaged by fire, wind, explosion, structural failure or other natural cause to the extent of 50% or more of its true market value at the time of such damage, as adjusted from assessed value, based upon State Board of Equalization rates, shall not be repaired or rebuilt, unless a special permit is granted by the Zoning Board of Appeals. During the process, the applicant must prove that the reconstruction of the preexisting nonconforming use will be noninjurious, will not endanger the health, safety and welfare of the neighborhood or general population and will meet the following criteria:

(1) The building and facilities associated with the proposed use are of similar architectural scale and appearance to existing development in the district or will use an existing building for its purposes.

(2) Minimum visual and functional conflict will be created between the proposed use and nearby uses.

(3) The use will not cause substantial injury to the value of other property 111 the neighborhood where it is to be located.

(4) The lot size and coverage are appropriate to the use.

(5) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to the streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

(6) The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the equipment and activities associated with the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(7) Operations in connection with the nonconforming use will not be more objectionable to nearby properties by reason of noise, fumes, noxious vibration, glare or flashing lights than would be the operations of any permitted use.

(8) The use will not cause undue traffic congestions or create a traffic hazard.

(9) Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

(10) The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.

(11) The site plan for the use satisfies the requirements of this chapter.

G. Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.

H. Validity of permit. Only a building for which a permit has been lawfully granted and on which the construction has been started and diligently pursued before the effective date of this chapter may be completed.