(a) Within the districts established by this title there may exist lots, structures and uses of land and structures which were lawful before this title was adopted, but which would be prohibited, regulated or restricted under the terms of this title.

(b) It is the intent of this title to permit these preexisting nonconforming uses to continue until removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance thereof would not be contrary to the public health, safety or welfare, or the intent of chapter.

(c) Failure of a structure or use to meet one or more of the current requirements of this title renders the structure or use nonconforming only to the extent that it does not meet the applicable provisions. For this purpose, this chapter separates nonconforming situations into three main categories:

(d) To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction or use was lawfully begun and diligently carried on according to the terms of approval issued, prior to the adoption of this chapter. Actual construction shall mean materials placed in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building or structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided, that work shall be diligently carried on until completion of the building involved.

(e) The ownership of property classified as nonconforming may be transferred without that fact alone affecting the right to continue the nonconforming use or structure.

(f) The owner of any nonconforming lot, use or structure shall be responsible for providing substantial evidence that such lot, use or structure was legally established. When a nonconforming use is involved, the property owner shall also provide substantial evidence that the use has been in continuous use or operation. The administrative official shall, upon request, assist the property owner in locating public records that pertain to the legal status of the nonconformity.

(g) If the administrative official cannot conclusively determine that the nonconformity was lawfully established and has been in continuous use or operation since the adoption of this title then the administrative official may refer the matter to the hearing examiner or legislative body for review. The hearing examiner or legislative body is authorized to render a decision as to whether the nonconforming use or structure was lawfully established and in continuous use or operation, and review the use or structure for compliance with this chapter. (Ord. 2172, § 12, 2022; Ord. 1634, § 141, 2004.)

(a) If a lawfully established structure is nonconforming by reason of not meeting current building area, height, setback or other development standards of this title, and it is destroyed to the extent that restoration costs would exceed seventy-five percent of the market value of the building immediately prior to such occurrence (using the most recent ICBO construction tables) it shall be considered completely destroyed and shall be required to meet all applicable building area, height, setback and other development standards of this title upon restoration, unless an administrative adjustment or a variance is granted according to Chapter 10.30.

If the nonconforming structure also contains a nonconforming use, and it is destroyed to the extent that restoration costs would exceed seventy-five percent of the market value of the structure immediately prior to such occurrence (using the most recent ICBO construction tables) it shall only be reestablished when approved in accordance with Section 10.36.050.

(b) If a nonconforming use of a structure or land is succeeded by another use it shall be presumed that the prior nonconforming use has ceased to exist and thus lost its status as a nonconforming use.

(c) Discontinuance or abandonment of a nonconforming use for more than twelve consecutive months shall create a presumption of intent to abandon, and result in termination of the use's legal nonconforming status and the right to continue such nonconforming use.

(d) The administrative official may extend the time frame for reestablishment or reconstruction of a nonconforming use of a structure or land beyond the twelve month time limit; provided, that the owner or authorized agent can document that the reestablishment or reconstruction has not commenced due to pending insurance or court settlement directly related to the damage or destruction. The extension shall not exceed one year, and building permits shall be applied for prior to the expiration of the extension. (Ord. 1634, § 142, 2004.)

(a) In any district, any permitted use or structure and customary accessory buildings may be erected on any legal lot of record. This provision shall apply even though such lot fails to meet the current requirements for area or width, or both, that are generally applicable in the district; provided, that setback dimensions and other requirements not involving area or width of the lot shall conform to the regulations for the district in which such lot is situated.

(b) Lots may become nonconforming as the result of the adoption or amendment of this title, but nonconforming lots shall not be created through the grant of a development authorization, or other permit under Selah Municipal Code, except that lots dedicated for public utility facilities may be exempted from the lot size requirements of this title by the administrative official. Existing nonconforming lots shall only be altered or reconfigured in such a way as to achieve or increase conformity with the zoning district's lot size and dimensional requirements. (Ord. 1634, § 143, 2004.)

(a) A legally established structure nonconforming only by reason of not meeting current building area, height, setback or other development standards of this title may be continued, remodeled, repaired, or enlarged upon approval by the administrative official; provided, that any enlargement meets the current development standards of this title and the structure does not contain a nonconforming use.

(b) When the enlargement does not meet the development standards of this title, relief may be requested in the form of an administrative adjustment or variance, as appropriate under Chapter 10.30. (Ord. 1634, § 144, 2004.)

(1) A nonconforming use may be expanded or extended throughout any parts of a structure without a nonconforming use alteration permit; provided, that no such use shall be enlarged to occupy any land outside such structure except as may be authorized in accordance with this section.

(2) No existing nonconforming use of a structure or land shall be enlarged, extended, constructed, reconstructed, moved or altered except in changing the use of the structure or land to a Class 1, II, or III use in the zoning district in which it is located, except as provided in subsections (3) or (4) of this section.

(3) When a legal nonconforming site-built home is nonconforming only to the extent that the lot contains more dwelling units than currently permitted in the zoning district the replacement thereof may be authorized as follows:

(4) The administrative official may consider applications for the enlargement, reconstruction, alteration or expansion of a nonconforming use within a structure or lot or for the change of a nonconforming use to a different, more restricted nonconforming use. The administrative official may grant the relief requested if he finds all of the following:

(5) The administrative official shall review such requests under the procedures of Chapter 10.28.010(b) for Class 2 review.

(6) Required site improvements, parking and signage shall be subject to the specific provisions of this title.

(7) Enlargement, reconstruction, alteration or expansion of a nonconforming use listed as a Class 1, Class 2 or Class 3 use for the zoning district in which it is located shall be processed according to its respective classification – not as a nonconforming use.

(8) Nothing in this section shall be construed to restrict normal repair and maintenance activities including replacement of walls, fixtures and plumbing, provided: