West Richland City Zoning Code

It is the purpose of this chapter 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 with appropriate groupings of compatible and related uses.

Policy for Nonconforming Situations. A change in zoning standards is not intended to force all nonconforming situations to be immediately brought into conformance. Instead, the intent is to guide future uses and development in a new direction consistent with city policy, and, eventually, bring them into conformance. The intent is to protect the character and function of the area by reducing the negative impacts from nonconforming situations. At the same time, the standards assure that the situations may continue and that the zoning standards will not cause unnecessary burdens.

The provisions of this chapter shall apply to buildings, structures, lands, and uses which became nonconforming as a result of the application of this title to them, or from classification or reclassification of the property under this title, or any subsequent amendments thereto. If a use was legally established prior to the effective date of the ordinance codified in this title, or a use originally authorized by a variance, conditional use permit or any other valid use permit prior to the effective date of the ordinance codified in this title, is located within a zone in which such use is not permitted by the terms of this title, such use shall be a nonconforming use. The following also addresses nonconformities, and in the case of conflict between any two or more development standards or criteria, the more stringent and specific shall apply:

Unless otherwise specifically provided in this title, nonconforming buildings may not be enlarged or structurally altered unless an enlargement or structural alteration makes the building more conforming, or as required by law. However, where a building or buildings and customary accessory buildings are nonconforming only by reason of substandard yards, open spaces, area or height, the provisions of this title prohibiting structural alteration or enlargements shall not apply, provided any structural alterations or enlargements of any existing building under such circumstances do not increase the degree of nonconformity and any such enlargement of new buildings and structures observes the yard and open space requirements.

Structural alterations may be permitted if necessary to adapt a nonconforming building to new technologies or equipment pertaining to uses housed in such building. Any enlargement necessary to adapt to new technologies shall be authorized only by a variance.

Upkeep, repair, and maintenance of a nonconforming building is permitted, provided the value of the repair or maintenance does not exceed 60 percent of assessed valuation of the building as determined for the year in which work is done.

Changes to the structure that would alter or increase the nonconformity are not permitted.

If moved for any reason or any distance whatsoever, the structure shall be made to conform to the regulations for the zone in which it is located after it is moved;

If a building is harmed or destroyed by more than 50 percent of its square footage, the building must be reconstructed in compliance with the requirements for the zone in which it is located; and

Any structure other than a building that is damaged or removed to an extent that exceeds 50 percent of its square footage may be replaced or reconstructed, in substantially the same location and of substantially the same design as the predamaged or preremoved structure, if a complete application is submitted for any and all required construction permits within 180 days of the damage or removal.