Shelton City Zoning Code

It is declared to be the policy of the city council to provide regulatory mechanics for nonconforming uses as found and determined to be reasonable and equitable. This policy is pursued in order that nonconforming uses in existence at the time of adoption of the ordinance codified in this chapter, or amendments thereto, shall be brought to conformity or amortized and removed within such periods of time as are compatible with justice to the owners of properties affected and with the interests of the safety, health and general welfare of the city.

To benefit from the protection given to a nonconforming use, such use must have been legitimately and lawfully established prior to the adoption of the ordinance codified in this chapter and amendments thereto or a county resolution in effect at the time of annexation which rendered it nonconforming.

The two alternatives provided to meet compliance with nonconforming “open” land uses are:

No nonconforming use of land shall be changed to another nonconforming use. The lawful use of land existing at the time of the adoption of the ordinance codified in this chapter may be continued under the provisions of Section 20.42.030(B), although such use does not conform to this title for the district in which such land is located; provided further, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land or building than that occupied by such use at the time of the adoption of the ordinance codified in this chapter, unless by said moving it brings the use closer to conformance with this title.

Conversion or removal of a nonconforming structure or use shall be commenced not later than sixty days after the date of abandonment and shall be completed within one year thereafter; except that in no case shall a nonconforming use or structure be required to commence conversion or removal for a period of less than two years from the date of the first notice of nonconformance as issued by the director of planning. In case of failure to complete said removal or conversion as required, the director of planning, within ninety days after the date described herein for completed conversion or removal of said use, shall cause the use and/or structure to be removed, and cost shall be charged against property.

The (building inspector, planning director, or zoning administrator) shall determine by survey the existence of nonconforming uses which may be affected by the requirements of the preceding section and, shall give written notice by mail to the owners thereof as shown in the county assessor’s records. Such notice shall state the purpose, provisions and the expiration date as set forth herein, and shall be given after the effective date of the ordinance codified in this chapter or any amendment thereto which may cause a building to become nonconforming. Failure to give notice shall not invalidate the regulations nor alter the expiration date.

A lawful nonconforming use of a building may not be changed to another nonconforming use unless changed to a more restrictive use.

Normal repairs and alterations may be made to a lawful nonconforming building; provided, that no structural alterations shall be made, except those required by law or ordinance. No existing nonconforming structure designed, arranged, intended for, or devoted to, a use not permitted under this title for the district in which such structure is located shall be enlarged, extended, reconstructed, structurally altered, or moved unless such use is changed to a use permitted under the regulations specified by this title for the district in which said building is located; provided, that work may be done in any period of twelve months on ordinary repairs or on repairs or replacements of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding fifteen percent of the full value of the structure as determined from the assessed value thereof (according to the assessment thereof by the county assessor for the year in which such work is done); provided, that the cubical content of the building as it existed at the time of passage of the ordinance codified in this chapter not be increased; and provided further, that nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the city and ordered to be strengthened or restored to a safe condition, unless such building has been destroyed by an extent exceeding fifty percent of full value, as determined by consideration of the assessed value referred to above.

When a building or other structure containing a nonconforming use is damaged by fire or by any other cause so that the cost of renewal of the damaged parts exceeds seventy-five percent of the cost of the replacement of the entire structure (exclusive of foundation) using new materials, then such building shall not be rebuilt unless the building and its construction and uses conform fully to this title and other codes of the city as applied to new buildings and structures and to uses for the district in which it is located. Any rebuilding otherwise authorized by this code shall commence within six months from the date of damage or destruction, if such nonconforming use is to be continued. The determination of whether a building is destroyed to the extent described above shall rest with the hearings examiner.

Nothing in this title shall be interpreted as authorization for, or approval of, the continuance of, nor the allowing of a special permit, exception or variance for the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of the ordinance codified in this chapter. Any use existing at the time of adoption of the ordinance codified in this chapter which is within the scope of uses previously permitted by conditional exception or accessory exception or by conditional use in the use district in which the property is situated shall be deemed a conforming use without necessity of any action by the hearings examiner. Conditional exceptions shall be referred to as conditional uses upon adoption of the ordinance codified in this chapter.

Whenever the boundaries of a district shall be changed from one district to another district of different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein, or thereby created.

Any owner of any property deemed to be a nonconforming use under the provisions of this chapter may request a “certificate of continued use.” Such certificate will be issued by the planning department and shall certify all legal nonconformities which may be allowed to continue under the provisions of this chapter.