Yacolt City Zoning Code
CHAPTER 18
50 NONCONFORMING USES, STRUCTURES AND LOTS
§ 18.50.010 Purpose.
A.
The purpose of this chapter is to establish provisions for the allowance and potential alteration of uses, lots, or structures which do not conform to currently applicable standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.
B.
Nonconformities typically occur in three general categories, or combinations thereof: nonconforming lots, typically having substandard size or dimensions; nonconforming structures, typically having substandard setbacks or excessive height; and nonconforming uses, in which the activity is inconsistent with the allowances or procedures of the underlying zoning district.
(Ord. 371 § 9(A), 1997)
§ 18.50.020 Establishment of legal nonconforming status.
For purposes of interpretation of this chapter, any uses, structures, lots, which in whole or part are not in conformance with current zoning standards shall be considered as follows:
A.
Legal Nonconforming. Those uses, structures or lots which in whole or part are not in conformance with current zoning standards, but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this chapter.
B.
Illegal Nonconforming. Those uses, structures or lots which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception. Illegal nonconforming uses, structures or lots shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.
(Ord. 371 § 9(B), 1997)
§ 18.50.030 Burden of demonstration.
The burden of establishing that any nonconformity is a legal nonconformity as defined in this chapter shall be borne by the owner or proponent of such nonconformity.
(Ord. 371 § 9(C), 1997)
§ 18.50.040 New development on legally nonconforming lots.
In any zoning district, permitted structures or uses may be constructed upon any legally established nonconforming lot, subject to the standards of that district and all other applicable regulations.
(Ord. 371 § 9(D), 1997)
§ 18.50.050 Legal nonconforming uses.
A.
Discontinuation of Legal Nonconforming Status.
1.
Nonconforming uses shall be considered abandoned and discontinued in terms of legal nonconforming status if the legal nonconforming use ceases for a period of six months or more, or is changed to a conforming use.
2.
A nonconforming use not involving a structure or one involving a structure (other than a sign) having an assessed value of less than $200.00 shall be discontinued with two years from the date of the passage of the ordinance codified in this title.
3.
Uses which are nonconforming with respect to provisions for screening shall not be considered as legally nonconforming, and shall provide screening as required under current standards and regulations of the underlying zoning district within a period of five years of the initial nonconformity. In cases of nonconforming screening where the existing use is not permitted in the underlying zoning district, the town council may impose screening standards of the district in which the use is normally permitted.
4.
That portion of a commercial or industrial nonconforming use of property involving outside storage of inventory, supplies, or other material shall be abated within six months of the adoption of the ordinance codified in this title unless, within such period, application for site plan approval is made and thereafter granted for such outside storage. Site plan approval for nonconforming outside storage shall be processed in accordance with the standards of the district within which such use is permitted.
B.
Expansions or Alterations of Legal Nonconforming Uses and Associated Structures.
1.
Legal nonconforming single-family dwellings or duplexes and accessory structures may undergo expansion or alteration within an existing legal lot, provided such expansion does not violate standards for setbacks, height, or other applicable code provisions. Such expansions shall be subject to review by the town council.
2.
Legal nonconforming uses and associated structures other than single-family dwellings or duplexes may undergo expansion or alteration, subject to compliance with all of the criteria listed below. Conditions of approval shall be required as necessary to ensure compliance. Such proposed expansions or alterations shall require site plan approval. Conditional use permit approval may also be required if the town council finds that the proposed expansion raises significant community concern relative to the criteria of this title.
a.
The proposed expansion or alteration will not increase the extent of adverse impacts to the surrounding area and its character, or increase the extent of adverse impacts to future development likely to occur in the surrounding area consistent with the underlying zoning district; and
b.
The proposed expansion or alteration is limited to the legal lot of record of the existing use, unless expansion to adjacent lots serves to limit potentially adverse impacts; and
c.
The proposed expansion or alteration fully complies with all applicable local, state, or federal requirements.
3.
In considering approval of the proposed expansion or associated conditions thereof, the town council may apply the standards of the underlying zoning district and those of the zoning district in which the expanding use is normally allowed, as deemed necessary to ensure compliance with the intent of this chapter.
4.
The town council may also consider applications for expansion or alteration of existing nonconforming uses which have been established pursuant to a valid covenant agreement with the town, subject to the following:
a.
To consider alteration or expansion under this section, at least 30 percent of total public infrastructure construction of the development authorized by the covenant must have been completed; and
b.
All applicable provisions of the covenant agreement shall be fully complied with; and
c.
The town council may apply specific standards of the zoning district established by the covenant, rather than standards of the underlying zoning district, as deemed necessary to ensure compliance with this chapter.
C.
Destruction of Legal Nonconforming Uses. If a structure containing a nonconforming use is destroyed by any cause leading to a loss of 60 percent or greater of appraised value as determined by the records of the county assessor from the previous year, any future structure on the site shall conform to regulations of the underlying zoning district.
(Ord. 371 § 9(E), 1997)
§ 18.50.060 Legal nonconforming structures.
Legal nonconforming structures may be altered, expanded or replaced only if such alteration, expansion or replacement is fully consistent with current applicable requirements, except as to those standards related to the legally established nonconformity of the structure, and if one of the following are met:
A.
Such alteration, expansion or replacement does not increase the extent of structural nonconformity; or
B.
Such alteration, expansion or replacement is necessary and required to make the structure safe for occupancy as required by building, health, fire, or other applicable standards.
(Ord. 371 § 9(F), 1997)