North Bend City Zoning Code
CHAPTER 18
30 NONCONFORMING USES
[1]
Prior legislation: Ords. 584, 436 and 336.
§ 18.30.010 Nonconforming use – Continuance.
A.
Nonconforming uses (i.e., buildings, structures, and/or land uses) may be continued provided there is no physical change other than permitted maintenance, repair/restoration, or addition/enlargement to such building, structure, or land use, as outlined per guidelines in NBMC § 18.30.030, § 18.30.040, and § 18.30.050.
B.
Existing nonconforming accessory buildings operating as an unpermitted ADU may be brought into conformance provided the following are met:
1.
The subject accessory building was legally developed and received a building permit from the city of North Bend, including the approved final inspection.
2.
A request to legalize an existing building operating as an unpermitted ADU shall include an application for a building permit, showing changes made to the primary dwelling unit and/or detached accessory building to accommodate the ADU.
a.
Building permit applications shall be submitted within a three-year period from the adoption of the ordinance codified in this section.
b.
The building shall meet minimum building, utility, and fire standards to ensure a safe, habitable environment.
c.
Minimum parking requirements for the ADU are met as described under Chapter 18.16 NBMC.
3.
Property owners shall meet property title recording requirements described in NBMC § 18.10.050 within a five-year period of the adoption of the ordinance codified in this section.
a.
A copy of the property title recording shall be submitted to the city of North Bend prior to final inspection of the building permit for recordkeeping purposes.
b.
Failure to provide a copy of the recorded document prior to occupancy may result in code enforcement proceedings and/or delay issuance of a certificate of occupancy.
4.
Nonconforming accessory buildings that do not meet current zoning standards may continue to operate as an ADU; provided, that:
a.
Additions and enlargements may be permissible if an addition or enlargement is necessary to bring a nonconforming ADU structure into conformance with the adopted building or fire code.
b.
Additions and enlargements shall not make the ADU exceed the maximum ADU size permitted under NBMC § 18.10.050.
c.
Additions and enlargements should avoid furthering the nonconformity unless the applicant can demonstrate no other reasonable alternative is possible.
5.
Nothing in this section shall require that the city permit existing ADUs that are determined to be unsafe, unhabitable, or dangerous.
C.
Existing nonconforming accessory buildings may be converted into ADUs provided the following are met:
1.
The subject accessory building was legally developed and received a building permit from the city of North Bend, including the approved final inspection.
2.
An application for a building permit shall be submitted, demonstrating the building can be retrofitted to meet minimum building and fire standards.
3.
Nonconforming accessory structures that do not meet current zoning standards may propose an ADU; provided, that:
a.
Additions and enlargements shall not make the ADU exceed the maximum ADU size permitted under NBMC § 18.10.050.
b.
Additions and enlargements should avoid furthering the nonconformity unless the applicant can demonstrate no other reasonable alternative is possible.
4.
The city maintains the right to deny conversion projects that fail to meet minimum building, utility, and fire standards.
D.
Unpermitted housing units shall be issued a notice to abate and shall be required to discontinue the residential use and/or remove the building, subject to the determination of the building official.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006; Ord. 1825 § 4 (Exh. C), 2025)
§ 18.30.020 Nonconforming lot – Use.
Where a nonconforming lot exists, one conforming use building/structure may be constructed; provided, any new building/structure must satisfy the current setback and lot coverage requirements of the zoning district in which it is located.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006; Ord. 1398 § 1, 2010)
§ 18.30.030 Nonconforming use – Maintenance.
A.
A nonconforming building, structure, or land use (as applicable) may be maintained, with necessary upkeep and incidental alterations, provided:
1.
That maintenance shall not increase the degree of nonconformity; and
2.
That the cost of such maintenance, within any given one-year (365-day) time period shall not exceed 50 percent of the assessed valuation, of such building, structure, or land (as applicable) at the time such maintenance is completed. Assessed valuation shall be established by the King County assessor's office.
B.
Failure to maintain a nonconforming building, structure, or land use such that a hazardous or unsanitary condition is created for the occupants or to nearby properties shall be cause for discontinuance of the nonconforming status and such building, structure, or land use shall be brought into conformance with existing zoning district guidelines. Upon application, and as necessary, the building official reserves the right to exceed the 50 percent maintenance provision to correct a hazardous or unsanitary condition.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006)
§ 18.30.040 Nonconforming use – Repair/restoration if damaged.
A nonconforming building, structure, or land use (as applicable) having been damaged or destroyed by fire or other calamity to any extent may be restored, and its immediate previous occupancy or use existing at the time of such destruction may be continued or be resumed; provided, that the necessary permits are issued and reconstruction work is commenced within 24 months of the date of such destruction; provided, that:
A.
Such building, structure, or land use (as applicable) must either be located exactly in its previous footprint and envelope, or made to conform to the bulk, dimensional, and perfor-mance standards of the zoning district in which it lies;
B.
Nonconforming signs (nonconforming as to use or bulk regulations) must meet existing zoning district regulations if damaged beyond 50 percent of replacement valuation of the sign, excluding the sign support structure;
C.
In no case shall any prohibited uses as designated under NBMC § 18.10.030 be permitted to be repaired or restored if damaged beyond 25 percent of assessed valuation.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006; Ord. 1807 § 1, 2024)
§ 18.30.050 Nonconforming use – Addition and enlargement.
A.
A nonconforming building, structure, or land use (as applicable) may be added to or enlarged; provided, that:
1.
Such enlargement shall not exceed 20 percent of gross floor area for said building(s) or structure(s), and 20 percent of lot area dedicated to nonconforming land uses (where buildings/structures are not present);
2.
Regardless of ownership, any enlargement shall be limited to a one-time only addition of the nonconforming building, structure, or land use;
3.
Such enlargement conforms to the bulk and dimensional standards of the zoning district in which such building, structure, or land use lies. If no bulk and dimensional standards exist for the specific building, structure, or land use within a zoning district, standards for the use as prescribed in the lowest intensity district which would permit such use shall be applied to locate the building, structure, or land use;
4.
Regardless of ownership, no expansion onto adjacent and nearby properties or adjacent and nearby legal lots shall be permitted;
5.
No nonconforming signs shall be permitted to enlarge or expand;
6.
In no case shall any prohibited uses as designated under NBMC § 18.10.030 be permitted to enlarge or expand.
B.
Nonconforming residential uses within the downtown core zone may be allowed additions and expansions for the purpose of adding accessory dwelling units (ADUs) to the lot in addition to allowances in subsection A of this section; provided, that:
1.
Limitations of additions and enlargements described in subsection A of this section do not apply to ADUs proposed in the downtown core zone.
2.
ADU and zoning development standards described in NBMC § 18.10.030 through this section can be met on site.
3.
ADUs are not required to meet the development and design standards of the Form-Based Code.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006; Ord. 1825 § 5 (Exh. C), 2025)
§ 18.30.060 Nonconforming use – Change of.
Upon application, evaluation, and written approval of the director, any part of a building, structure, or land occupied by a nonconforming use may be changed to a use which has the same land use impacts as the legally nonconforming use or a use currently permitted by the zoning code; but where the use of a nonconforming building, structure, or land is changed to a use that is more consistent with the current code, the nonconforming building, structure or land use shall not revert to the prior use.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006)
§ 18.30.070 Nonconforming use – Vacancy.
A.
Any part of a building, structure, or land occupied by a nonconforming use, which becomes vacant and remains unoccupied for a continuous period of 365 days (one year), or is changed at any time to a conforming use, shall not be used or occupied except by a use which conforms to the permitted land use, bulk and dimensional regulations, and performance standards of the district in which it is located.
B.
Where changes are made to a nonconforming use without securing written approval of the director per NBMC § 18.30.060, the nonconforming use shall be terminated and it shall not be used or occupied except by a use that conforms to the permitted land use, bulk and dimensional regulations, and performance standards of the district in which it is located.
C.
Signs that are left blank, unused, or advertise a business that is no longer licensed by the city of North Bend for operation at the location of the sign for a period of one year as specified in subsection A of this section are determined to be a nonconforming use per this section and an abandoned sign. Abandoned signs are prohibited by NBMC § 18.20.070(A) of the sign code.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006)
§ 18.30.080 Nonconforming use – Change of tenancy or ownership.
A.
There may be a change of tenancy, ownership, or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use except as provided by this chapter.
B.
In the event of a change of tenancy or ownership, a nonconforming sign support shall be allowed to be used as part of the signage for the new owner or business provided the new sign face and advertising copy shall meet all applicable requirements of the sign code, including counting towards the maximum allowed area of signage per NBMC § 18.20.060.
(Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006)
§ 18.30.090 Moving building – Conformity required.
When a building or structure or portion thereof is moved from one location to another, it must conform or be made to conform to all of the regulations of the location to which it is moved.
(Formerly 18.30.100; Ord. 1020 (part), 1997; Ord. 1256 § 1 (part), 2006)
