Milton City Zoning Code
CHAPTER 17
52 NONCONFORMING BUILDINGS AND USES
§ 17.52.010 Scope.
The regulations pertaining to the several classifications shall be subject to the general provisions, conditions and exceptions contained in this chapter. The provisions of this chapter shall apply to buildings, lands, and uses which become nonconforming as a result of the application of this code to them, or from classification or reclassification of the property under this code, or any subsequent amendments thereto.
(Ord. 1405 § 2, 1999)
§ 17.52.015 Letter authorizing use and permit decision and appeal processes.
A property owner may request of the land use administrator a written determination as to whether a nonconforming use or structure is legal or illegal. The request shall be processed as a Process II request for a code interpretation, as governed by MCC 17.71.040. The property owner shall have the burden of proof in establishing that a use or structure is legally nonconforming and shall present all evidence in support of legal nonconforming use in document form as part of the request.
(Ord. 1741 § 24, 2009; Ord. 2105 § 2 (Exh. A), 2025)
§ 17.52.020 Continuing existing uses.
Any lawful use of land and/or building or structure existing or under construction, or for which a building or use permit has been granted, and is still in force at the time this code becomes effective, may be continued, although such use does not conform to the provisions of the zone in which it is located, subject to the provisions of this chapter.
(Ord. 1405 § 2, 1999)
§ 17.52.025 One- and two-family residential dwellings.
The bulk and dimensional requirements of the neighborhood residential 1 (NR1) zoning district shall apply to any alterations to legally nonconforming one- and two-family detached residences that are nonconforming due to residential use. Accessory uses and structures and alterations thereto are also allowed to the extent consistent with the NR1 zone; provided, if any alterations involve a change in use or increase in density the alterations shall be subject to the underlying zone. Alterations to lot lines are permitted so long as the alterations do not increase nonconformity with the requirements of the NR1 district.
(Ord. 1646 § 1, 2005; Ord. 2105 § 2 (Exh. A), 2025)
§ 17.52.030 Alterations and enlargements.
A.
Any nonconforming use may be extended throughout an existing building or structure.
B.
Unless otherwise specifically provided in this code, nonconforming buildings may not be enlarged or structurally altered, unless the enlargement or structural alteration makes the building more conforming or is required by law. However, where a building or buildings and customary accessory buildings are nonconforming only by reason of substandard yards or open spaces, the provisions of this code prohibiting structural alterations or enlargements of an existing building shall not apply; provided such alterations or enlargements do not increase the degree of nonconformity of yards or open spaces. Any enlargements or new buildings and structures shall observe the yard and open spaces required on the lot by this code.
C.
Structural alterations or enlargements may be permitted if necessary to adapt a nonconforming building or buildings to new technologies, or equipment pertaining to the uses housed in the building or buildings, or to improve the appearance, functionality, or safety of the building or buildings, in a manner which will bring them into greater conformity with the surrounding area. The alterations or enlargements shall be authorized only by a variance processed in the manner prescribed by this code.
D.
Normal upkeep, repair, and maintenance of nonconforming buildings is permitted; provided such activities shall not increase the nonconformity of the building or buildings.
E.
Except as otherwise provided in this chapter, no nonconforming use shall be enlarged or increased, nor shall any such nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time this code becomes effective, nor shall any such nonconforming use be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by the nonconforming use at the time of the adoption of this code.
(Ord. 1405 § 2, 1999)
§ 17.52.040 Reconstruction.
A.
Unless otherwise specifically provided in this code, any nonconforming building or structure which has been damaged by fire, earthquake, flood, wind, or other disaster to not more than 75 percent of its value at the time of its destruction may be rebuilt for the same nonconforming use only, but the restoring of any such nonconforming building shall not serve to extend or increase the nonconformance of the original building or use.
B.
A religious institution existing or approved for development prior to the enactment of these requirements, which has been damaged by fire, earthquake, flood, wind, or other disaster, may be rebuilt for the same nonconforming use; provided, that the restoration of any such nonconforming building shall not serve to extend or increase the nonconformance of the original building or use.
(Ord. 1405 § 2, 1999; Ord. 2057 § 9, 2022)
§ 17.52.050 Abandonment.
If any nonconforming use of land and/or building or structure is abandoned and/or ceases for any reason whatsoever, including destruction of the building, for a period of one year or more, any future use of such land and/or building or structure shall be in conformity to the regulations of the zoning district in which it is located, as specified by this code.
(Ord. 1405 § 2, 1999)
§ 17.52.060 Change of use.
Any nonconforming use of land and/or buildings or structures shall not be changed to any other use, unless the proposed use is one that is permitted in the zoning district in which the nonconforming use is located. If a new use is desired, which is no less conforming than the existing use, a variance may be obtained before the requested use can commence.
(Ord. 1405 § 2, 1999)