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HomeMy WebLinkAboutO-1604 - Repeals and replaces Ch. 19.40, zoning (Repealed by 2131).,.:: CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./1z<>Lt AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING CHAPTER 19.40 OF THE MARYSVILLE MUNICIPAL CODE,AND ALL SECTIONS THEREOF,AND ENACTING A NEW CHAPTER 19.40 RELATING TO NONCONFORMING USES. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. 19.40.130 of the Chapter 19.40,and Sections 19.40.010 through same,are hereby REPEALED. section 2.A new Chapter 19.40 of the Marysville Municipal Code is hereby enacted to provide as follows: CHAPTER 19.40 NONCONFORMING USES 19.40.010 Purpose.Nonconforming structures and noncon- forming uses,as defined in this Chapter,shall be allowed to continue in existence,and to be repaired,maintained,remodeled, expanded and intensified,but only to the extent expressly allowed by the provisions of this Chapter.It is the purpose of the City to ultimately have all structures and uses brought into conformity with the land use codes and regulations duly adopted by the City,as the same may be amended from time to time. Nonconforming structures and uses should be phased out or brought into conformity as completely and as speedily as possible with due regard to the special interests and property rights of those concerned. 19.40.020 Nonconforming Structures.A nonconforming struc- ture is one which was in compliance with all land use codes and regulations at the time it was constructed,but which violates the bulk or dimensional requirements of the current land use codes and regulations of the City. a.Nonconforming structures may be repaired and maintained.The interior of said structures may be re- stored,remodeled and improved to the extent of not more than 25%of the assessed value of the structure in any consecutive period of 12 months. Ordinance - 1 b.The exterior dimensions of a nonconforming structure may be enlarged by up to 100%of the floor area existing at the effective date of the nonconformance upon obtaining a Conditional Use Permit pursuant to this Chapter; provided,that the degree of nonconformance shall not be increased,and the then-current bulk and dimensional requirements of the zone in which it is located shall be observed with respect to the new portion of the building. c.A nonconforming structure which is voluntarily or accidently destroyed,demolished or damaged,or allowed to deteriorate,to the extent where restoration costs would exceed 75%of the assessed value of the structure,may be restored and rebuilt only if the structure,in its entirety, is brought into conformity with the then-current bulk and dimensional requirements of the zone in which it is located. Provided,that a single-family residence with nonconforming status on a substandard lot in a residential zone may be restored and rebuilt to any extent as long as it does not increase the pre-existing degree of nonconformance. d.When a structure or a portion thereof is moved to a new location,it must conform or be made to conform to all then-current land use restrictions applicable to the new location. e.Nonconforming structures shall not be exempt from compliance with all current codes and regulations relating to storm drainage,landscaping,off-site traffic mitigation and frontage improvements including curbs,gutters and sidewalks. 19.40.030 Nonconforming Uses.A nonconforming use is any use of land or of a structure which was legal at the time of its establishment but which violates the land use provisions of the current codes and regulations of the City,including those relating to zoning districts,density,access and off-street parking. a.A nonconforming use loses its status,and must be discontinued,if the structure in which it is located is voluntarily or accidently destroyed,demolished or damaged, or is allowed to deteriorate,to the extent where restora- tion costs would exceed 75%of the assessed value of the structure. b.A nonconforming use cannot be changed to a fundamentally different use unless it is brought into complete conformity with the current codes and regulations. An increase in volume or intensity of a nonconforming use is permissible,however,where the nature and character of the use is unchanged and substantially the same facilities are Ordinance - 2 used.The test is whether the intensified use is "different in kind"from the nonconforming use in existence at the effective date of the nonconformance. c.A nonconforming use may be expanded throughout land held under single ownership at the effective date of the nonconformance and which has continued in unbroken single ownership to the present,upon the granting of a Conditional Use Permit as provided in this Chapter. Provided,that such expansion of a nonconforming use shall not increase the land area devoted to the nonconforming use by more than 100%of that in use at the effective date of the nonconformance. d.A use established in part but not all of a building at the effective date of the nonconformance may expand within said building by up to 100%of the pre- existing floor area dedicated to said use upon obtaining a Conditional Use Permit as provided in this Chapter. Unlimited expansion within the building shall be permissible upon obtaining a conditional use permit if the original design of the building indicates that it was intended to be ultimately dedicated,in its entirety,to the use in question. 19.40.040 Discontinuance or Abandonment. a.Any nonconforming structure which has been unoc- cupied for a period of 24 consecutive months,or more,shall lose its nonconforming status and shall not be reoccupied unless and until it is brought into conformity with the current bulk and dimensional requirements of the City codes. b.If a nonconforming use is discontinued or aban- doned for a period of 12 consecutive months or more,the nonconforming status of the use is terminated,and any future use of the land or structure shall be in conformity with the then-current requirements of the City's land use codes.The mere presence of a structure,equipment or material shall not be deemed to constitute a continuance of a nonconforming use unless the structure,equipment or material is actually being occupied or employed in maintain- ing such use. 19.40.050 have authority this Chapter. Chapter 19.44. Conditional Uses.The Board of Adjustment shall to grant Conditional Use Permits referred to in The procedures used by the Board shall comply with The Board shall apply the following criteria: a.A nonconforming use or structure should not result in a lack of compatibility with existing and potential uses in the immediate area; Ordinance - 3 b.Adverse impacts of a nonconforming use or struc- ture must be mitigated by site design elements such as landscaping,provision for parking,elimination of outside storage,and general visual improvement of the property. c.Adequate provisions must be made for public improvements such as sewer,water,drainage,pedestrian circulation and vehicle circulation,both on-site and off- site. d.Concerns of adjacent property owners and the general public must be properly considered. PASSED by the City Council and APPROVED by the Mayor this day of ~'---__'1988. CITY OF MARYSVILLE Attest: Approved as to Form: By ~C2e ,;>Cfi1"'~rZ:l.-~---cITY ATTORNW'- Date of Publication:t./-'2.'7-88 Effective Date (5 days after publication): Ordinance - 4 5-2-88