These regulations address the treatment of lots, uses, and structures that predate some portions of this title and do not conform with at least some provisions of this title. The following sections of the BIMC also address nonconformities, and in the case of conflict between any two or more development standards or criteria, the more specific shall apply.

A. BIMC 16.12.030.C.1, Shoreline Master Program – Nonconforming Uses, Nonconforming Lots, and Existing Development;

B. BIMC 16.20.040.D, Critical Areas – Standards for Existing Development. (Ord. 2011-02 § 2 (Exh. A), 2011)

This chapter shall apply to structures, uses and lots that become nonconforming as a result of the passage of this title, or any subsequent amendments. (Ord. 2011-02 § 2 (Exh. A), 2011)

A nonconforming use of land may be continued; provided, that:

A. The use is not enlarged, increased, or extended to occupy a greater area of land or structure than was occupied on the date of adoption of this code, except self-service storage facilities in existence prior to the effective date of Ordinance No. 2020-34 may expand up to the current allowed lot coverage. This expansion would be subject to all other required permits and standards of this code, including requiring a site plan and design review, if applicable; and

B. The use is not moved in whole or in part to any other portion of the lot or parcel; and

C. If the use ceases for a period of more than 180 days, the subsequent use of the land shall be conforming (this provision shall not apply to any dwelling unit constructed as an affordable housing unit under Chapter 18.21 BIMC). (Ord. 2020-34 § 3, 2020; Ord. 2011-02 § 2 (Exh. A), 2011)

A nonconforming structure may remain and be used; provided, that:

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

1. Any vertical or horizontal extension of a nonconforming wall must meet the applicable standards.

2. Adding to the footprint of a nonconforming structure is permitted as long as the addition meets the requirements of BIMC Title 18;

B. If moved, the structure shall be made to conform to regulations of this code;

C. 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 (this provision shall not apply to any dwelling unit constructed as an affordable housing unit under Chapter 18.21 BIMC); and

D. 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 pre-damaged or pre-removed structure, if a complete application is submitted for any and all required construction permits within 180 days of the damage or removal. (Ord. 2011-02 § 2 (Exh. A), 2011)

A nonconforming use of a structure may be continued; provided, that:

A. The structure is not enlarged or moved;

B. It may be changed to another nonconforming use by the hearing examiner;

C. If it is superseded by a conforming use, the nonconforming use may not thereafter be resumed; and

D. If it is discontinued for a period of six consecutive months or for a total of 18 months in any three-year period, it may not thereafter be resumed (this provision shall not apply to any dwelling unit constructed as an affordable housing unit under Chapter 18.21 BIMC). (Ord. 2011-02 § 2 (Exh. A), 2011)

Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded with the county auditor’s office may be used for the purposes permitted by this title notwithstanding the minimum lot area, lot width and lot depth required. (Ord. 2011-02 § 2 (Exh. A), 2011)

As of November 9, 2011, all existing structures and heavy use areas are considered conforming. Where a property with an allowed or approved conditional agricultural use is not in conformity with the requirements of this title, the city shall not require that the entire property and existing structures be brought into compliance with the BIMC as a condition of approval to expand or change the property or its structures. Where an existing agricultural structure or area does not meet a required setback from a property line, the structure or area can be expanded on the side opposite that property line, but only if that expansion does not lengthen any wall of a structure or side of an area that is already nonconforming with the required setback. However, expansions or changes to the agricultural uses or structures will not be approved if they would create a new nonconformity or increase an existing nonconformity. (Ord. 2011-02 § 2 (Exh. A), 2011)

A manufactured home that was built before June 15, 1976, and was legally placed and maintained prior to the date of adoption of the ordinance codified in this chapter and does not meet the requirements of this chapter, shall be deemed to be a legal nonconforming building, i.e., nonconforming as to date of construction. (Ord. 2011-02 § 2 (Exh. A), 2011)