Pasco City Zoning Code

25.170 Nonconforming

Uses

25.170.010 Purpose.

Amendments over time to the regulatory authority provided within this title may result in structures, land and uses which no longer conform with the provisions set forth for the district in which they are situated. Therefore, it is the purpose of this chapter to allow for the continuance and maintenance of legally established nonconforming uses and structures subject to standards and provisions prescribed within this chapter. [Ord. 3354 § 2, 1999; Code 1970 § 25.72.010.]

25.170.020 Establishment of nonconformity.

The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the City. Upon request, the City Planners shall assist the property owner in locating public records which pertain to the legal status of the nonconformity. [Ord. 3354 § 2, 1999; Code 1970 § 25.72.020.]

25.170.030 Development on existing lots of record.

A lot legally created that does not conform to the current minimum area, minimum frontage, or minimum width requirements established under the zone in which the lot is located is considered a nonconforming lot. A structure containing a conforming use may be built on any nonconforming lot; provided, that the applicable dimensional standards including setbacks, lot coverage and building height as required in this title are met. [Ord. 4700A § 15, 2023; Ord. 3354 § 2, 1999; Code 1970 § 25.72.030.]

25.170.040 Continuation of nonconforming uses.

(1) Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful; and provided, that:

(a) A nonconforming use may not be altered or extended during its life except as provided herein;

(b) No nonconforming use shall be extended to displace a conforming use;

(c) Once a nonconforming use has changed to a conforming use, it shall not revert back to a nonconforming use, except as provided in PMC 25.85.040(1);

(d) The extension of a lawful use of any portion of a nonconforming building shall not be deemed the extension of such nonconforming use. [Ord. 3354 § 2, 1999; Code 1970 § 25.72.040.]

25.170.050 Maintenance, damage, repairs and restoration.

(1) Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include, but are not limited to painting, roof repairs and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls and partitions. Ordinary maintenance and incidental alterations shall not exceed 20 percent of the value of the building at the time of repair or alteration;

(2) No building damaged by fire or other causes to the extent of more than 50 percent of the assessed value of the structure as determined by the records of the Franklin County Assessor shall be repaired or rebuilt, except multifamily units previously authorized by building permit in any residential zoning district may be rebuilt under the following conditions:

(a) Permits must be obtained within one year of building damage or all nonconforming privileges are lost;

(b) The fire or other cause of damage was determined to be accidental or a natural disaster;

(d) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any nonconforming building ordered by any official charged with protecting public safety.

(e) Reconstruction should adhere to the required district setbacks.

(3) Any structure or portion thereof declared unsafe by the Building Official may be restored to a safe condition and continue as a nonconforming use, unless such repairs exceed 50 percent of the assessed valuation of the structure as determined by the records of the Franklin County Assessor, except multifamily units previously authorized by building permit in any residential zoning district may be rebuilt under the following conditions:

(a) Permits must be obtained within the time frame provided in the notification by the Building Official or all nonconforming privileges are lost;

(b) The fire or other cause of damage was determined to be accidental or a natural disaster;

(d) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any nonconforming building ordered by any official charged with protecting public safety;

(e) Reconstruction should adhere to the required district setbacks. [Ord. 3725 § 1, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.72.050.]

25.170.060 Discontinuance of a nonconforming use or structure.

A nonconforming use or structure shall become discontinued when it is:

(1) Abandoned for a period of one or more years;

(2) Damaged and application for rebuilding has not been made within six months of such damage; and

(3) Damaged to the extent that reconstruction costs exceed 50 percent of the assessed value of the structure. [Ord. 3354 § 2, 1999; Code 1970 § 25.72.060.]