Sequim City Zoning Code
CHAPTER 18
64 NONCONFORMING CONDITIONS, USES AND STRUCTURES
§ 18.64.010 Purpose.
A.
The purpose of this chapter is to establish reasonable regulations for the control and eventual elimination of conditions and uses of land and structures which are nonconforming, i.e., which are lawful prior to the adoption of this title, or applicable amendments thereto, but which do not conform to present regulations of the code in respect to size of lots, height, area or yard, dimensions of structures and permitted uses.
B.
Such nonconformities are incompatible with those lots, structures and uses which are permitted in the districts involved. Their continued existence is allowed without specific time limitations, but the intent of this chapter is to encourage conformity over time.
(Ord. 351 § 16, 1977; Ord. 2010-011)
§ 18.64.020 Nonconforming lots.
In any zone permitting single-family dwellings, a single lot of record prior to the adoption of this title or applicable amendments thereto may be used for such purpose although it does not meet the minimum lot size requirement for the zone.
(Ord. 351 § 16(A), 1977; Ord. 2010-011)
§ 18.64.030 Nonconforming use of land.
A nonconforming use of land may be continued; provided, that:
A.
It is not enlarged or increased, or extended to occupy a greater area of land than was occupied in the date of the adoption of this title, or applicable amendments thereto.
B.
It is not moved in whole or in part to any other portion of the lot or parcel.
C.
If the use ceases for a period of more than one year, any subsequent use of the land must be in conformance with this code. This period may be extended for one year if SMC § 18.64.040(B) or (C) applies and reasonable construction progress is being made.
(Ord. 351 § 16(B), 1977; Ord. 2010-011)
§ 18.64.040 Nonconforming structures.
A nonconforming structure may remain and be used; provided, that:
B.
Nonconforming structures involuntarily damaged through accident, act of nature, or other similar, unforeseen circumstances, may be rebuilt without affecting the nonconforming status only if:
1.
For a single-family residence or duplex in a commercial zoning district, the residence does not increase the degree of nonconformity, i.e., larger footprint, increased square footage, etc. Nonconforming structures damaged in an amount greater than 50 percent can be rebuilt and shall comply with all current residential bulk and dimensional requirements.
2.
For any structure, if damaged to an extent less than 50 percent of replacement cost.
3.
Any structure intended to be rebuilt under the provisions of subsection (B)(1) or (2) of this section must have submitted the required permit applications and the applications must be deemed complete within one year of the occurrence of the involuntary event causing the damage.
C.
Structural remodels, alterations, or other additions shall be allowed only if the change increases the degree of conformity. Interior remodels or alterations that do not increase the degree of nonconformity shall also be allowed. For residential uses, the degree of nonconformity is not increased when the remodel, alteration, or addition merely aligns with the structure's current setback only if no additional dwelling unit is created.
D.
If moved, the structure is made to conform to regulations of this title for the zone of the new location.
E.
If a nonconforming structure is voluntarily or purposefully demolished, or any lot is vacant, any structure built or rebuilt loses its nonconforming status and must conform to current code.
F.
If any structure other than a single-family residence or duplex is damaged to an extent exceeding 50 percent of replacement cost, it is reconstructed only in accordance with regulations of this title for the zone of its location.
(Ord. 351 § 16(C), 1977; Ord. 2010-011)
§ 18.64.050 Nonconforming uses of structures.
A nonconforming use of a structure may be continued as provided for in this statute; provided, that:
A.
If it is superseded by a conforming use, the nonconforming use may not thereafter be resumed.
B.
If it is discontinued for a period of one year, it may not thereafter be resumed except as provided in SMC § 18.64.030(C).
(Ord. 351 § 16(D), 1977; Ord. 2010-011)
§ 18.64.060 Repairs and maintenance.
Regular repair and maintenance, including but not limited to reroofing or painting, is allowed without affecting the nonconforming use status. Strengthening or restoring to safe condition of any structure shall also be allowed if the degree of nonconformity is not increased.
(Ord. 351 § 16(E), 1977; Ord. 2010-011)
§ 18.64.070 Sale of a nonconforming use.
Legally nonconforming property may be sold or transferred without affecting the right to continue the nonconforming use or use of a nonconforming structure.
(Ord. 2010-011)