Silverdale City Zoning Code
ARTICLE IX
Nonconformities
§ 340-77 Nonconforming lots.
A nonconforming lot is a lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
§ 340-78 Nonconforming structures.
A nonconforming structure is a structure or part of a structure manifestly not designed to comply with the applicable use or extent-of-use provisions in this chapter or amendment heretofore or hereafter enacted where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.
§ 340-79 Nonconforming uses.
A nonconforming use is a use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment hereafter enacted where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.
§ 340-80 Continuation.
The lawful use of any structure or land existing at the effective time of this chapter or, in the case of an amendment to this chapter, at the time of the amendment may be continued although such use does not conform with the provisions of this chapter, except as otherwise provided in this article.
§ 340-81 Alteration or extension.
A.
A use of land or structure which does not conform to the regulations of this chapter and its amendments shall not be altered, reconstructed, extended, nor enlarged, except in accordance with the following provisions:
(1)
Such alteration or extension shall be permitted only by special exception under the provisions of Article XI and only upon the same lot as in existence at the date the use became nonconforming.
(2)
Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 50% during the life of the nonconformity.
(3)
The nonconforming use or structure shall not be expanded to an adjacent zoning district unless the use or structure is permitted in that district under the terms of this chapter.
(4)
The nonconforming use shall not be expanded if the Zoning Hearing Board determines that the public health, safety, and welfare would be adversely affected. Furthermore, a nonconforming use shall not be expanded if the Zoning Hearing Board determines that the general standards and requirements applicable to all special exceptions as set forth in this chapter and in § 340-100 are not met by the applicant.
(5)
The nonconforming use shall not be expanded if the expansion would create a new nonconforming use.
(6)
No nonconforming use shall be expanded or extended to displace a conforming use.
B.
A structure which does not conform to the regulations of this chapter other than use regulations may be altered, reconstructed, or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became nonconforming, and provided, further, that if the use of structure also falls under Subsection A of this section, any change shall be subject to the provisions of that subsection.
§ 340-82 Restoration.
No structure damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired, reconstructed, or used except in conformity with the regulations of this chapter. Structures with damage to the extent of 75% or less of the fair market value may be reconstructed, repaired or used for the same nonconforming use, subject to the following provisions:
A.
The reconstructed structure shall not exceed the height, area, or volume of the damaged structure, except as provided in § 340-80.
B.
Reconstruction shall begin within one year from the date of damage and shall be carried on without interruption.
§ 340-83 Abandonment.
Whenever a nonconforming use has been discontinued for a period of six months or such use has been abandoned, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 340-84 Changes.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
A.
Such change shall be permitted only by special exception, under the provisions of Article XI.
B.
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where such nonconforming use is located.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(1)
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(2)
Noise, smoke, dust, noxious matter, heat, glare, and vibration.
(3)
Storage and waste disposal.
(4)
Appearance.
§ 340-85 District changes.
Whenever the boundaries of a district shall be so changed as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.
§ 340-86 Registration of nonconforming uses and structures.
The Zoning Officer may, upon adoption of this chapter or amendment thereof, identify and register all nonconforming uses and structures.