HomeMy WebLinkAboutOrdinance No. 0865CITY OF MEDINA
Ordinance No. 865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, REPEALING AND RE- ADOPTING CHAPTER 17.60 OF
THE MEDINA MUNICIPAL CODE RELATING TO NONCONFORMING
LOTS, USES AND STRUCTURES
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the
City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance
783, passed March 14, 2005; and
WHEREAS, the city council adopted zoning regulations by Ordinance 16, on December
5, 1955, and last amended by Ordinance 856, adopted on September 13, 2010; and
WHEREAS, the Medina Comprehensive Plan sets forth Goal H -G1 stating that "the City
shall preserve and foster housing development consistent with Medina's high - quality residential
setting "; and
WHEREAS, Land Use Policy LU -P1 provides that the city shall minimize changes to
existing zoning and land use patterns except as to meet land use goals, such as maintaining
Medina's high - quality residential setting and character, when deemed necessary by its citizens;
and
WHEREAS, under the existing zoning code, a legally established nonconforming use is
abandoned when the nonconforming use is discontinued for a period of 30 days or more; and
WHEREAS, under the existing zoning code, a legally established nonconforming
structure is abandoned when the nonconforming structure is reconstructed at 60 percent or
more of its pre - alteration valuation; and
WHEREAS, the nonconforming provisions in the City's Zoning Ordinance are intended
to balance the City's goal for the orderly termination of nonconforming conditions in order to
promote the public health, safety and general welfare with the City's desire to promote
preservation of Medina's residential setting and the few non - residential uses located within the
City; and
WHEREAS, the reconstruction provisions for nonconforming structures contained in the
City's Zoning Ordinance are difficult to interpret and implement; and
WHEREAS, even when nonconforming provisions are properly implemented, these
provisions can lead to unintended results as nonconforming residential structures that are
added to or altered to a certain degree must have the entire structure conform to all current
applicable zoning regulations; and
WHEREAS, the current nonconforming provisions make it difficult for homeowners of a
legal nonconforming residence to reasonably remodel and improve the safety and functionality
of their home; and
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WHEREAS, the City wishes to develop a more reasonable balanced approach in
terminating nonconforming status and preserving existing homes when homeowners wish to
improve the safety and functionality of their home; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to
the Washington Department of Commerce on October 18, 2010; and
WHEREAS, a notice of hearing was published on November 23, and December 6, 2010,
in the Seattle Times newspaper; and
WHEREAS, the City Council held a public hearing on December 13, 2010, to receive
testimony for and against the proposed code amendment; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance for the proposal was issued on November 5, 2010, pursuant to WAC 197 -11-
340(1); and
WHEREAS, the City Council makes the following conclusions:
A. The proposed code amendment is consistent with the comprehensive plan by
promoting better preservation of existing single - family homes that make up the
residential character of the community.
B. The proposed code amendment bears a substantial relation to the public health,
safety and welfare by providing a better balance in terminating nonconforming
conditions and preserving the existing character of the community.
C. The proposed code amendment advances the public interest of the community by
creating less burdensome requirements when a homeowner wishes to remodel or
make small additions to their legal nonconforming building.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1: Section 17.12.010(B) of the Medina Municipal Code is hereby amended to
read as follows:
Other Definitions. When any word used in this chapter is not specifically defined herein, its
definition shall be that in Webster's New Collegiate Dictionary of the English Language and
where more than one definition is given, the most common or appropriate nonprofessional
usage shall govern.
Accessory dwelling unit" means a dwelling unit subordinate to a single - family dwelling unit
which:
1. Is located within the single - family dwelling unit; or
2. Is located within an accessory building as defined by MMC 17.48.010.
Adult family home" means the regular family abode of a person or persons who are providing
personal care, room and board to more than one but not more than four adults who are not
related by blood or marriage to the person or persons providing the services; except that a
maximum of six adults may be permitted if the Washington State Department of Social and
Health Services determines that the home and the provider are capable of meeting the
standards provided for by law (RCW 70.128.010).
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Alter" or "alteration" means any change, addition or modification in construction or occupancy.
Arbor, bower, trellis" means light, open, garden -type structures composed of vertical and /or
horizontal elements without a room which may or may not attach to a building which is
designed, established and installed as a part of the landscape of the building site.
Berm" means a manmade earthen or other type of mound erected to provide a visual interest,
visual screening and /or decrease noise.
Boathouse" means any structure having a roof and walls erected over moorage, docks or
storage facilities for the weather protection of boats.
Buildable area" means the area of the building site contained within the setback limits where
buildings or structures may be placed.
Building" means any structure having a roof supported by columns or walls for the housing or
enclosure of persons, animals or property.
Building, Accessory. "Accessory building" means any building, other than primary, in which an
accessory use is located.
Building envelope" means the space defined by the vertical, horizontal and mixed planes of an
existing structure, including that portion of the structure which is at or under the ground.
Building official" means the officer charged with the administration of matters regulated by the
building related codes of the jurisdiction.
Building, Primary. "Primary building" means any building occupied by the primary permitted use
of the zone in which the building is located.
Building site centerline" means a line midway between the side lot lines of a building site.
Building site front line" means, unless otherwise set forth in this title, the property line
contiguous with the street right -of -way.
Building site rear line" means, unless otherwise set forth in this title, any lot line other than a
street line which is parallel to the front site line, or within 45 degrees of being parallel to the front
site line.
Building site of record" means a parcel of land qualified as a legal building site by virtue of
plats, short plats, lot line adjustments, lot size and frontage exceptions of this title or variance
granted by the board of adjustment of the city.
Building site side line" means any lot line which is not a front or rear site line.
Building Site, Legal. "Legal building site" means a single parcel of land under single ownership
and control and otherwise qualified as a building site under regulations of the city which, at the
time of filing for a building permit is designated by its owners or developers as the site to be
used, developed or built upon as a unit.
Bulk regulations" means regulations relating to the minimum area of the building site, front and
rear yards, height of buildings and site coverage.
Centerline of a building site" means a line midpoint between the side property lines. Where the
side property lines diverge or converge, the centerline shall be the line bisecting the angle
formed by extending the side property lines to the point of intersection. (See Exhibit at the end
of this section.)
Cost of construction (including maintenance and repairs)" means the true value in the open
market of all work required to accomplish the proposed construction, as defined by the
International Building Code for the purpose of computing building permit fees. The true value
shall include reasonable true market values for the materials and labor and include normal
contractor profit and overhead and design fees, but exclude Washington State and local sales
taxes and permit fees.
Court" means a space, open and unobstructed to the sky, located at or above grade level on a
lot and bounded on three or more sides by walls or buildings.
Covered moorage area" means the gross area of the roof of the covered moorage structure
projected on the surface or surfaces below.
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Covered moorage structure" means any structure having a roof but not walls which provides
cover or shelter to a moorage space or dock.
Deck," "porch" or "veranda" means a structure attached to a wall of a building designated,
established, and /or installed to provide for entrance or exit, outdoor living, cooking, and /or
recreation, some sides of which are open and which may or may not have a permanent
overhead covering.
Dolphin" means a spar, buoy or piling used for mooring watercraft.
Family" means the immediate kindred made up of a person and spouse, their parents,
grandparents, children and the spouses thereof, and grandchildren and the spouses and
children thereof.
Family day care home" means the regular family abode of a person or persons who are
providing child care services of less than 24 hours to no more than 10 children at any one time,
including those of the provider(s).
Gazebo" or "pavilion" means a fully or partly roofed or covered freestanding structure fully or
partly open at the sides designed, established and installed to provide outdoor living, cooking
and /or recreation.
Grade, Existing. "Existing grade" means the ground elevation existing on the building site at the
time an application for a building or other development permit is filed at the city.
Grade, Finished. "Finished grade" means the ground elevation after any site development is
completed.
Grade, Original. "Original grade" means the natural ground elevation that existed prior to any
site development or manmade modifications in the first instance.
Gross lot area," for the purpose of this title, means dry land area which is further defined as
land area exclusive of shorelands, except those which by recession of water or bulkheading
have become dry land above high water level.
Guests" means those who occupy upon invitation of the owner or lessee without charge or
other consideration for such occupancy.
Household staff" means individuals who spend more than 50 percent of their working time
employed at the residence site and in no event work less than 20 hours per week, including
caregivers. For the purpose of this chapter, "household staff" includes the spouse and children
of such an employee.
Impervious surface" means a surface for which the rate of percolation is less than the ground
upon which it is situated.
Impervious surface area" means the total square feet of impervious surfaces on a single
building site.
Impervious surface, total allowable coverage" means the maximum area of a single building
site that impervious surfaces may occupy.
Maximum height" means the highest point of the roof, skylight, parapet or other significant
element of a building or structure; provided, that if the individual element does not exceed five
feet in the horizontal dimension, a chimney, chase, mechanical equipment, vent or other
essential building element may project above the maximum height no more than three feet.
Mechanical equipment' means any machine or system containing moving parts such as
motors, valves, relay switches, compressors, fans or similar components, including but not
limited to those used to circulate and /or condition air, water, refrigerant, effluent or products of
combustion.
Minor deviation" means a discretionary land use permit to allow building remodeling projects to
depart from numeric development standards and to preserve nonconforming conditions with
respect to setback requirements and maximum building heights. Requests for minor deviations
are reviewed by the city manager or designee and involve public notice as specified in Chapter
14.08 MMC.
Moorage" means a place, slip or dock where a boat or vessel may be secured.
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Moorage structure" means those installations or facilities including piers, wharves, platforms,
ramps, dolphins, buoys, quays, or bulkheads, or any place or structure connected with the shore
or upon shorelands provided for the securing of a boat or waterborne craft.
Net lot area" means gross lot area exclusive of the area of any vehicular private lane, vehicular
right -of -way, or vehicular access easement.
Nonconforming structure" m ans any building or structure within thc city not wholly
conforming to the current zoning and land use regulations in force in the land use district in
which the building or structure is located, whether or not such nonconformity was permitted by a
variance))
Numeric development standard" means a numeric requirement for minimum setbacks,
maximum heights, maximum lot coverage or maximum impervious surface coverage.
Occupancy' means the purpose for which a building is used or intended to be used. The term
shall also include the building or room housing such use. Change of occupancy is not intended
to include change of tenants or proprietors.
Patio" means a hard surfaced area of the ground beyond a building designed, established
and /or installed to provide for outdoor living, cooking and recreation, some sides of which are
open and which may or may not have a permanent overhead covering.
Pier" or "deck" means a structure extending from the solid land into the water, whether floating
or upon piles or other supports.
Pre alteration value" of a single family residence, with or without an attached garage, m ans
its replacement value as determined by multiplying the prc alteration building square footage by
an average new construction cost per - square foot figure that is established annually by the city
construction projects in Medina. Pre alteration square footage shall include thc floor arca of
basements, attached garages, and covered porches but shall not include the area of decks,
arbors or similar appurtenances))
Pre alteration value" of a building or structure which is not a single family residence m ans its
replacement value using thc valuation method prescribed in the appropriate volume of the RS
M ans series of estimating guides))
Primary residential building" means the building in which the primary dwelling unit of the
building site is located.
e-" ..e e ..e
ation" performed on a building or structure, the
aggregate cost of which exceeds 60 percent of the pre alteration value of the building or
structure within onc and onc half years. An alteration project may not be disaggregatcd for
purposes of evaluating "reconstruction." All the project phases necessary to result in a habitable
building must be included.))
Repair" means the replacement or renewal of any part of an existing structure for the purpose
of its maintenance.
Rockery" means a soil retaining or stabilizing structure composed of stacked rock that is not
attached together by any bonding agent, such as mortar.
Setback area" means the area of building site between the property line and the limits set by
city regulations within which no permanent structure may intrude.
Shoreline" means the line defined by elevation contour 22.0, which elevation is 22 feet above
mean lower low water of Puget Sound as established by the U.S. Army Corps of Engineers,
which corresponds to elevation of 28.93 feet as determined by the Sea Level Datum of 1929.
Single- family dwelling" means a detached dwelling house that is limited in design to the
accommodation of one family, its household staff and guests. A single - family dwelling may
have accessory recreational buildings in addition to a detached garage which may include a
beach and /or playhouse and having no more than one room plus a bathroom and otherwise not
designed for habitation. A single - family dwelling may be occupied by
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the members of one family alone, its guests and household staff; provided, however, that it is
not a violation of this title for the renter or owner of any dwelling to provide lodging for persons
not attached to the renter's or owner's family so long as such use is incidental to the use of the
dwelling for residence purposes.
Site area," for the purpose of this title, means dry land area which is further defined as land
area exclusive of shorelands, except those which by recession of water have become dry land.
Dry land created by bulkheading shall not be counted as site area except as specifically
permitted by this code.
Site Area, Gross. "Gross site area" means the total area of a building site falling within the
metes and bounds of the building site.
Site Area, Net. "Net site area" means the area of a building site after all of the area of vehicular
private lanes, vehicular rights -of -way, vehicular private lane turnarounds or any other vehicular
easement for public or private use has been deducted from the gross site area.
Structural coverage," "site coverage" and "lot coverage" all mean the total surface area of a site
covered by buildings, structures, patios and sports courts, to include surface areas directly
beneath roof eaves. The following items are not included in calculating structural coverage, site
coverage or lot coverage:
1. Area of pervious site area or decorative plantings or water features under roof eaves;
2. Driveways;
3. Uncovered decks, patios, sports courts, pools and spas that do not exceed 30 inches above
original or finished grade, whichever is lower. The height of decks, patios, and sports courts
is measured to the highest point on the walking surface. The height of pools and spas is
measured to the highest point of the structural rim;
4. All structures and buildings that are waterward of the shoreline of the building site;
5. Fences, walls and retaining walls, the greatest width dimension of which is one foot or less.
When the greatest width dimension exceeds one foot, then the horizontal exposed area of
the entire structure shall count toward site coverage;
6. Rockeries.
Site width" means the dimension between side property lines measured at a right angle to the
centerline of the building site. (See Exhibit at the end of this section).
Sport court" means an area of ground defined by permanent surfacing, equipment and /or
fencing for the purpose of playing tennis, badminton, basketball and similar social games.
Story" means that portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof.
Structure" means that which is erected, built or constructed, including an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in some
definite manner.
Temporary public facility" means a land use and /or facilities owned, operated, and maintained
temporarily by a city government agency, a public or nonprofit school, or religious organization.
Terrace" means a level platform or shelf of earth supported on one or more faces by a wall,
bank of turf, stable inclined grades, or the like.
Waterfront structure" means any structure built at or along the shoreline or over the shorelands
and including particularly bulkheads and moorage facilities.
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Section 2: Section 17.49.030 of the Medina Municipal Code is hereby amended to read
as follows:
Accessory structures in place within rear or side yard setbacks on the effective date of the
ordinance codified in this section shall be allowed as nonconforming structures, without proof
that they were constructed prior to the time of incorporation of the city. All limitations applicable
to other nonconforming structures((, including but not limited to restrictions on reconstruction,))
shall apply to existing accessory structures.
Section 3. Section 17.50.020 of the Medina Municipal Code is hereby amended to read
as follows:
A. Existing accessory dwelling units which complied with zoning and land use regulations in
effect at the time of their construction are declared to be nonconforming structures regulated
by ((MMC 17.60.030)) Chapter 17.60 MMC.
B. Existing accessory dwelling units which did not comply with zoning and land use regulations
in effect at the time of their construction may not be maintained unless the owners thereof
apply for all necessary permits and comply with all of the requirements of this chapter within
18 months after so applying.
C. Separate residential structures are not subject to the provisions of this chapter.
Section 4. Repeal and Re- enactment of Chapter 17.60 MMC. Chapter 17.60 of the
Medina Municipal Code is herby repealed in its entirety and re- enacted consisting of 10 sections
to read as follows:
17.60.010 Declaration and Purpose.
A. The City recognizes there are lots, structures and uses of land which were lawful at the time
of their establishment, but which now do not conform with the development regulations in
effect. These nonconformities should eventually be converted to a conforming status.
B. The purpose of this chapter is to:
1. Establish uniform provisions for the regulating of legal nonconformities consistent with
the following:
a. Avoiding undue hardship on property owners by permitting the nonconformity to
continue until such time that nonconforming property rights are abandoned; and
b. Encouraging the preservation of Medina's existing residential housing stock by
allowing limited alterations and expansion of existing nonconforming residential
buildings.
2. Set forth the conditions under which changes to a nonconforming lot, structure, or use of
land shall constitute abandonment and require the conversion to conforming status.
17.60.020 Applicability.
A. The requirements and thresholds established in this chapter shall apply to all development
regulated under Titles 17, 18, and 20 of the Medina Municipal Code.
B. This chapter is intended to be applied in combination with other sections of the Medina
Municipal Code relating to nonconformity, including, but not limited to those prescribed in
the building and fire codes.
C. Nothing in this chapter shall prohibit the establishment of special regulations for specific
nonconformities regulated by other sections of the Medina Municipal Code.
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17.60.030 Establishment of a legal nonconformity.
A party asserting the existence of a lawfully established nonconforming lot, structure or use of
land has the burden of proof that the lot, structure or use of land was not substandard in
meeting the development regulations in effect at its creation.
17.60.040 Definitions.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions are applicable to this chapter:
1. Nonconforming lot" means a lot that does not meet the lot area, width, or street frontage
requirements of the zone in which it is located, but was lawfully created prior to the
effective date of the zone or subsequent amendments thereto.
2. Nonconforming structure" means any structure that does not comply with the required
setbacks, height, structural coverage and other development regulations in which it is
located, but was lawfully constructed prior to the effective date of the development
regulation, or subsequent amendments thereto, and was continually maintained without
abandonment as defined in this chapter. This term applies whether or not the
nonconformity was permitted by a variance.
3. Nonconforming use" means any activity, development, or condition that by the zone in
which it is located is not permitted outright or permitted as an accessory use, or is not
permitted by a conditional use permit or other special permitting process, but was
lawfully created prior to the effective date of the zone, or subsequent amendments
thereto, and was continually maintained without abandonment as defined in this chapter.
A nonconforming use may or may not involve structures and may involve part of, or all
of, a structure or property.
4. Reconstruction" means to undertake construction within and/ or on an existing structure
which has a valid construction permit with fair - market construction costs greater than 60
percent of the replacement cost of the existing structure being enlarged, extended,
repaired, remodeled, or structurally altered. All project phases necessary to result in a
habitable building must be included. The calculation for fair market construction costs
shall include all costs of construction associated with the structure for a period beginning
on the date of permit issuance and ending 18 months after the date the permit is
finalized by the City.
5. Replacement cost" means the square footage of the structure multiplied by local
building costs per square foot for the type of structure, or a similar method of calculation.
6. Substantial destruction" means to remove more than 60 percent of the existing exterior
wall framing of a structure, as measured by the horizontal linear length of all exterior
walls. Any partial removal of existing framing shall count towards the measurement of
horizontal linear length the same as if the entire framing within that horizontal linear
length was removed, except partial removal shall not include replacement of windows or
doors when no beams or struts are removed.
7. Wall Framing," as used in this chapter, means the assemblage of beams and struts that
provide a support structure to which interior and exterior wall coverings are attached.
Wall framing shall not include the horizontal ceiling joists and sloping rafters used for the
roof.
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17.60.050 Nonconforming Tots.
The following shall apply to all nonconforming lots:
A. A nonconforming lot may be developed and used in the same manner as a conforming lot,
provided development meets through design, or by an approved variance, the development
requirements not involving lot area, lot width, street frontage, or similar dimensional
standards that are applicable to Tots.
B. Modifications to the area and/ or dimensional standards of a nonconforming lot are
permitted provided a modification does not increase nonconformity or create new
nonconformity (example of increasing the nonconformity: taking an existing substandard lot
area and making it smaller).
C. A government agency may lawfully modify a lot in a manner that would result in
nonconformity, if the modification is for the purpose of acquiring property for a public use or
purpose, or is permitted otherwise by law.
17.60.060 Nonconforming uses.
The following shall apply to all nonconforming uses:
A. Any legally established nonconforming use may continue until such time that the rights for
the nonconforming use are abandoned pursuant to MMC 17.60.060(C).
B. A nonconforming use may not be expanded nor may the structure containing a
nonconforming use be enlarged, except as provided for existing nonresidential uses in MMC
17.56.010.
C. A nonconforming use shall be determined abandoned and all rights to the nonconforming
use lost if:
1. The use is changed; or
2. The use is discontinued for a period of 6 consecutive months or more; or
3. The use is discontinued for a total of 6 months or more during a 12 consecutive month
period; or
4. A structure housing a nonconforming use experiences substantial destruction or
reconstruction, except as provided for in MMC 17.60.060(D).
D. A structure housing a nonconforming use, or used in support of a nonconforming use, that
experiences substantially destruction or reconstruction may have the nonconforming use
continued provided:
1. The substantial destruction and/ or reconstruction is the result of a fire or other casualty
not intentionally caused by any owner or tenant of the property, and a complete building
permit application is filed with the City within 6- months of such fire, natural disaster, or
casualty event; or
2. The nonconforming use is eligible for, and the property owner obtains, approval for a
special use permit or conditional use permit pursuant to MMC 17.56.010.
3. The City manager or designee may grant up to a 6 month extension of the time limitation
set forth in MMC 17.60.060(D)(1) provided:
a. The property owner requests the extension in writing prior to the expiration of the
time limitation; and
b. The property owner demonstrates extenuating circumstances not of the property
owners own making that delay submission of a building permit application, such as
resolution of an insurance claim.
E. Ordinary maintenance and repair of a structure housing a nonconforming use, such as
painting or plumbing repair, shall be permitted provided:
1. The work is to maintain safe and sanitary conditions and does not result in an
enlargement or expansion of the structure; and
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2. The work does not result in substantial destruction or reconstruction.
F. A nonconforming use shall not be changed to another nonconforming use.
17.60.070 Nonconforming structures.
The following shall apply to all nonconforming structures:
A. Any legally established nonconforming structure may continue until such time that the rights
for the nonconformity are abandoned pursuant to MMC 17.60.070(D).
B. Where multiple structures exist on the same lot, the requirements of this section shall apply
to each structure independent of the other structure on the same lot; except where the
nonconformity is due to structural coverage, the requirements of this section shall apply to
the combined structural coverage of all structures on the same lot as if they were one
structure (example: a nonconforming structural coverage for a single - family dwelling and a
detached garage would be considered abandoned if the total exterior walls of the single -
family dwelling plus the exterior walls of the detached garage were demolished consistent
with the threshold established in MMC 17.60.070(D)).
C. A nonconforming structure may be enlarged, extended, repaired, remodeled, or structurally
altered provided the work does not increase the nonconformity; except nonconformity may
be increased if:
1. A minor deviation is approved pursuant to Chapter 14.08 MMC to match an existing
nonconforming setback or nonconforming height; or
2. An intrusion into a setback, or additional structural coverage exceeding the zoning
maximum, is determined by the City to be reasonably necessary and the minimum
necessary to improve access for elderly or disabled persons.
D. Except as provided for in MMC 17.60.070(F), a nonconforming structure shall be determined
to have its nonconformity abandoned and all nonconforming rights lost where:
1. Any single - family dwelling, or any detached accessory building associated with a single -
family dwelling, experiences substantial destruction; or
2. A structure, not listed in MMC 17.60.070(D)(1), experiences either substantial
destruction or reconstruction.
E. Where the rights to a nonconforming structure have been abandoned, continuation of the
nonconformity shall cease and any subsequent repair, remodel, alteration, or rebuilding
shall require the entire structure to be brought into compliance with all development
regulations in effect.
F. A nonconforming structure that experiences substantial destruction or reconstruction may
maintain the condition of nonconformity provided that:
1. The substantial destruction and/ or reconstruction is the result of a fire, natural disaster
or other casualty not intentionally caused by any owner or tenant of the property, and a
complete building permit application is filed with the City within 6- months of such fire or
casualty event; or
2. The nonconforming structure, or portion thereof, was declared to be unsafe by the City's
Building Official, and the property owner submits an application for a building permit to
reconstruct within 6 months of said determination.
3. The City manager or designee may grant up to a 6 month extension to the time limitation
set forth in this Section provided:
a. The property owner requests the extension in writing prior to the expiration of the
time limitation; and
b. The property owner demonstrates extenuating circumstances not of the property
owners making that delay submission of a building permit application, such as
resolution of an insurance claim.
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G. Where a property exceeds maximum structural coverage standards, upper floor additions
shall not constitute an expansion of the nonconforming structural coverage, provided that
the resulting total gross area (footprint) of the upper floor does not exceed the maximum
structural coverage prescribed for the lot.
17.60.080 Nonconforming signs.
Refer to Chapter 17.80 MMC for regulations pertaining to nonconforming signs.
17.60.090 Unlawful uses and structures.
A. Uses and structures that did not comply with applicable development regulations in effect at
the time of its establishment are determined illegal and subject to enforcement as prescribed
by law.
B. Nothing in this Chapter shall be interpreted as granting any right to continue occupancy of
property containing an illegal use or structure.
C. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to
establish the existence of a nonconforming use and/ or structure.
17.60.100 Abatement of public nuisance.
Regardless of any provisions in this Chapter, any nonconformity found to be a public nuisance,
pursuant to Chapter 8.04 MMC, shall be terminated.
Section 5: Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
of this ordinance.
ADOPTED BY THE CITY COUNCIL ON THIS DAY OF M 2010 AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE ON THE DAY OF t` 0, 0.
A i4
Bret r. rdan, M "or
Approved as to form:Atte :
Bruce Disend, City Attorney R. hel Baker, City Clerk
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Tiih7ttk J • t2(20(2010
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