The purpose of this chapter is to address the legal status of nonconforming uses, buildings/structures or lots by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated. Ultimately it is the intent of this chapter to encourage the discontinuance or termination of nonconformity and the changing of a nonconformity to a conforming or more conforming use, building or lot.

(Ord. 855 §2, 1998).

The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such alleged nonconformity and not upon the city. Determination of the nonconforming status of a lot, use, building or structure is an administrative function of the planning director. Property owners asserting nonconforming status shall submit such information as the planning director deems necessary to substantiate or document the claim to the nonconformance. Documentation submitted by the property owner must ascertain the date the nonconformity was established and that it conformed to the applicable development regulations in effect at that time. Documentation may consist of such historical items as utility statements, property tax bills, real-estate contracts, leases, building permits, dated photographs, newspaper clippings and other relevant documentation, when applicable. Unsubstantiated anecdotal evidence cannot be accepted.

(Ord. 855 §3, 1998).

(a)

Provisions contained within this chapter do not supersede or relieve a property owner from compliance with:

(1)

The requirement of the International Building and Fire Codes;

(2)

The provision of the development regulations and performance standards that are beyond the specific nonconformance addressed by this chapter.

(b)

Any nonconforming use and associated building/structure and/or lot, as defined in Chapter 17.08, which lawfully existed prior to adoption of the ordinance codified in this chapter within any district is hereby permitted to continue and to be maintained and operated.

(c)

The sale or transfer of a nonconforming use or building/structure does not alone affect the right to continue the nonconforming use or use of a nonconforming building/structure.

(d)

The term nonconforming use refers only to a single existing use and does not include all uses for which the property could have been used under the prior zoning ordinance or zoning classification.

(Ord. 855 §4, 1998).

(Ord. No. 1027, § 36, 4-16-2013)

(a)

A legally nonconforming building/structure which contains a conforming use may be expanded, only if it can be done in a manner that shall not increase the nonconformity; or

(b)

The following procedures shall be followed to change a nonconforming use to a different nonconforming use, expand a nonconforming use throughout a structure, expand a nonconforming structure or use in a manner that shall increase the nonconformity, or replace a nonconforming use and/or building/structure that is fifty percent damaged or decayed or deteriorated in value (Dangerous Buildings, MLMC Chapter 14.24). Value as used herein shall be the valuation placed upon the building/structure for purposes of general taxation:

(1)

For an application to be deemed complete, the following information must be included:

(A)

An appropriate city application form;

(B)

A written description of the proposal;

(C)

A site plan;

(D)

Any studies, reports, or documentation to support the request;

(E)

A written response to the approval criteria of MLMC 17.43.040(b)(2) below;

(F)

A SEPA checklist unless the proposal is exempt from SEPA; and

(G)

The applicable fee.

(2)

The hearing examiner may grant the relief requested as authorized by MLMC Chapter 2.80 if the hearing examiner finds all of the following:

(A)

That the expansion, change, reconstruction or replacement requested would not be detrimental to the public health, safety or welfare, and

(B)

That the proposed expansion, change, reconstruction or replacement is compatible with the character of the neighborhood; and, in the case of an expansion or change, does not significantly jeopardize future development of the area in compliance with the provisions and the intent of the zoning district, and

(C)

That the significance of the hardship asserted by the applicant is more compelling than, and reasonably overbalances, the public interest which would result from the denial of the relief requested, and

(D)

That the use or building/structure was lawful at the time of its inception, and

(E)

That the value of nearby properties will not be significantly depressed by approving the requested expansion, change, reconstruction or replacement.

(3)

The hearing examiner shall deny the proposed expansion, change, reconstruction or replacement if he/she finds that one or more of the provisions in Section 17.43.040(b)(2) are not met.

(4)

When approving a change in, or the expansion, reconstruction or replacement of a nonconforming use or building/structure, the hearing examiner may attach conditions to the proposed change, expansion, reconstruction or replacement or any other portion of the development in order to assure that the development is improved, arranged, designed and operated to be compatible with the objectives of the comprehensive plan, applicable development regulations and neighboring land uses and transportation systems.

(5)

A request for a change to a nonconforming use is processed through a Type III review with the hearing examiner holding the hearing and making the final decision. The Type III review process is found in MLMC Section 19.270.040, Type III reviews.

(Ord. 855 §5, 1998).

(Ord. No. 1130, § 57, 11-19-2024)

(a)

Any legally nonconforming single-family residential dwelling located on property zoned R-3 multifamily or C-1 commercial:

(1)

May be maintained, repaired, remodeled, and/or expanded in accordance with Chapter 17.16 of the M.L.M.C.

(2)

If destroyed or demolished, may, within one calendar year, be reconstructed in accordance with Chapter 17.16 of the M.L.M.C.

(b)

Additional accessory use(s) to a legally nonconforming single-family residential dwelling located on property zoned R-3 multifamily or C-1 commercial may be permitted in accordance with Chapter 17.16 of the M.L.M.C.

(c)

Any legally nonconforming two-family (duplex) residential structure located on property zoned R-1 single-family or C-1 commercial:

(1)

May be maintained, repaired, remodeled, and/or expanded in accordance with Chapter 17.20 of the M.L.M.C.

(2)

If destroyed or demolished, may, within one calendar year, be reconstructed in accordance with Chapter 17.20 of the M.L.M.C.

(d)

Additional accessory use(s) to a legally nonconforming two-family (duplex) residential structure located on property zoned R-1 single-family or C-1 commercial may be permitted in accordance with Chapter 17.20 of the M.L.M.C.

(e)

Any legally nonconforming multifamily residential structure and accessory use(s) located on property zoned R- 1 single-family, R-2 multifamily or C-1 commercial:

(1)

May be maintained, repaired, remodeled, and/or expanded in accordance with Chapter 17.24 of the M.L.M.C.

(2)

If destroyed or demolished, may, within one calendar year, be reconstructed in accordance with Chapter 17.24 of the M.L.M.C.

(f)

Additional accessory use(s) to a legally nonconforming multifamily structure located on property zoned R-l single-family or C-1 commercial may be permitted in accordance with Chapter 17.24 of the M.L.M.C.

(Ord. 855 §6, 1998).

In any zoning classification (district), any permitted use or building/structure may be erected on a nonconforming lot of record, existing on the effective date of the ordinance codified in this title or amendment thereto, if the use is permitted in that district. The provision shall apply, even though such lot fails to meet the requirements for lot area or width, or both, that are generally applicable in the district. Any development or use of such a lot shall conform to all other regulations in place at the time of application for the building permit of the zoning district in which such lot is located, including without limitation, required yards/ setbacks, lot coverage, density, parking, landscaping, access, development and performance standards.

(Ord. 855 §7, 1998).

(a)

A previously conforming use established under the Medical Lake Municipal Code and which became or becomes nonconforming by amendment to the Medical Lake Municipal Code, Title 17, may continue to be maintained and operated, as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions outlined in this chapter.

(b)

Continuation when Damaged or Destroyed. Unless otherwise stipulated in this chapter, the following provisions shall apply:

(1)

When a nonconforming use and/or associated nonconforming building/structure is damaged by any means, and reconstruction/repair costs do not exceed fifty percent of the value of the building/structure as determined by the city building official, the nonconforming use and/or associated nonconforming building/structure may be reconstructed/repaired as it was prior to the damage or in a manner that is equal to, or more conforming to the provisions of the district in which it is located, if done so within twelve months of the damage.

(c)

Discontinuation when Damaged or Destroyed. Unless otherwise stipulated in this chapter, the following provisions shall apply:

(1)

When the reconstruction/repair costs of a nonconforming use and/or associated building/structure exceed fifty percent of the value of the building/structure, as determined by the city building official, and not otherwise exempted by this chapter, the nonconforming use shall be considered discontinued pursuant to Section 17.43.090. Any subsequent use or building/struc-ture shall conform to the provisions of the district in which it is located.

(Ord. 855 §8, 1998).

Generally, any legal nonconforming building/structure may continue so long as it remains otherwise lawful.

(1)

Maintenance of a Nonconforming Building/Structure. Nothing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming building/structure, including the replacement of roof, walls, fixtures and plumbing.

(a)

The value of normal structural repair and maintenance, including materials, must not exceed fifty percent of the value of the building/structure prior to such work in any twelve-month period.

(Ord. 855 §9, 1998).

(a)

Unless otherwise stipulated in this chapter, a nonconforming use or building/structure shall be considered discontinued, when it is:

(1)

Succeeded by another use or building/structure that is more conforming;

(2)

Discontinued and not reestablished within twelve months from the date of damage, unless the applicant shows that the property was subject to legal proceedings, such as probate or bankruptcy, which prevented the reestablishment from being accomplished within the twelve months;

(3)

Damaged or destroyed, by any means, to the extent that reconstruction or replacement costs exceed fifty percent of the value of the building/structure, by determination of the city building official, and not otherwise exempted by this chapter.

(4)

Damaged or destroyed, by any means, and repair or reconstruction does not occur as permitted by this chapter within twelve months of such damage, unless the applicant shows the property was subject to legal proceedings, such as probate or bankruptcy, which prevented the reestablishment from being accomplished within the twelve months.

(b)

When a nonconforming use or building/structure becomes discontinued, it shall be deemed that such use has ceased to exist and thus loses its status as a legal nonconforming use. Any subsequent use or building/structure shall conform to the provisions of the district in which it is located.

(Ord. 855 §10, 1998).

(Ord. No. 1059, § 1, 11-21-2017)