Skykomish City Zoning Code
CHAPTER 18
60 NONCONFORMANCES
§ 18.60.010 Purpose.
The purpose of this chapter is to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect the development and perpetuation of desirable residential, commercial, and industrial areas.
(Ord. 433, 2012; Ord. 235 § 8.1, 1995)
§ 18.60.020 Construction in progress.
To avoid undue hardship, nothing in this title shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to adoption of the ordinance codified in this title and upon which actual building construction has been carried on in a diligent manner.
(Ord. 433, 2012; Ord. 235 § 8.2, 1995)
§ 18.60.030 Pre-existing lots of record.
An authorized use or structure may be erected on a pre-existing legal lot and containing less area than required by the zoning district in which it is located; provided, that the front, side and rear yard requirements as well as other applicable dimensional standards of this title are met.
(Ord. 433, 2012; Ord. 235 § 8.3, 1995)
§ 18.60.040 Nonconforming uses.
Any pre-existing lawful use of land that is made nonconforming under the terms of this title as enacted may be continued so long as that use remains lawful, subject to the following provisions:
(1)
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater use than was occupied at the effective date of adoption of the ordinance codified in this title.
(2)
No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.
(3)
If any such nonconforming use ceases for any reason for a period of more than 365 consecutive days, any subsequent use shall conform to the regulations specified by this title for the zoning district in which such use is located.
(4)
No existing structure devoted to a use not permitted by this title in the zoning district in which it is located shall be structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.
(5)
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
(Ord. 433, 2012; Ord. 235 § 8.4, 1995)
§ 18.60.050 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, it may be continued as long as the structure remains otherwise lawful subject to the following provisions:
(1)
No such structure may be enlarged or altered in a way which increases its degree of nonconformity. Alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title.
(2)
Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, in the judgment of the town's building official, it shall not be reconstructed except in conformity with the provisions of this title. This section does not prohibit routine maintenance and/or major improvement to a structure provided the value of said maintenance or improvement does not exceed 50 percent of the value of the structure.
(3)
Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved.
(4)
When a nonconforming structure, or structures and premises in combination, is vacated or abandoned for 365 days, the structure, or structures and premises in combination, shall therefore be required to be in conformance with the regulations of the zoning district in which it is located.
(Ord. 433, 2012; Ord. 235 § 8.5, 1995)
§ 18.60.060 Nonconforming performance standards.
Residents shall have 365 days from the effective date of the ordinance codified in this title to conform to the appropriate performance standards listed in this title.
(Ord. 433, 2012; Ord. 235 § 8.6, 1995)