Montesano City Zoning Code

Any building or structure conforming as to use but nonconforming as to density at the effective date of the ordinance codified in this title may be altered, repaired or extended; provided, that such alteration, repair or extension shall not increase the existing degree of nonconformance.

Any change of a nonconforming use which has been discontinued for a period of one year or more shall not be reestablished.

A nonconforming use occupying a part of a lot or a building shall not be expanded or intensified throughout the lot or building.

Child care centers in the R-1 district which are nonconforming as to the number of children cared for and/or the type of state license held shall be allowed to continue operation under the provisions of this chapter; provided, that no new child shall be taken under care while the number of children regularly cared for remains above twelve. The operator of a child care center located in the R-1 district shall, within thirty days of the date upon which the number of children regularly cared for drops to or below twelve, make application to the state for a family day care home license or a mini day care program license, subject to the provisions of applicable provisions of the municipal code or state law or administrative code. In the event such license is denied or canceled or otherwise withdrawn or removed, the operation shall be discontinued. In the event such license is granted, the operation will automatically become a permitted or conditionally permitted use under the provisions of this title, and shall not be allowed to revert to a nonconforming status in the future.

Any signs existing on the effective date of the ordinance codified in this title but not conforming to the provisions of this title shall be permitted to continue for a period of five years from the effective date of the ordinance codified in this title and shall then be removed.

Any conditional use permit, or a variance granted under previous regulations, is continued subject to any conditions and/or time limits specified in the original permit, provided, that if the particular use is not otherwise permitted by this title in the zone in which it is located, such established uses and improvements incident thereto shall be considered as nonconforming, and shall be subject to the provisions of this section.

Whenever a building or structure containing a nonconforming use is destroyed or deteriorates to the extent of fifty percent or more, as determined by the building inspector, such nonconforming use shall be discontinued and any subsequent use therein shall be in conformance with this title.

Such lot has at least twenty feet of frontage on a public street;

All other regulations for the district, and other rules and regulations of the city, shall be satisfied.

An existing parking facility providing the only off-street parking service to a lawfully established use shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this title.

Nothing in this section shall be interpreted as to permit the reduction of off-street parking provided, as of the effective date of the amendment codified in this section, pursuant to the zoning code.