doe nonconforming uses
TRANSCRIPT
NonconformingUses and Structures
Washington Dept. of EcologyBetty Renkor
October 25, 2007
Nonconforming structures
Beach Drive house Beach Drive beach
Nonconforming structures
North Vashon garage North Vashon beach
Nonconforming structures
Nonconforming and SMPs
Isn’t this in the WAC?Yes, but… (applies only if your SMP doesn’t cover it)
Your SMP can be different than WAC
Nonconforming and SMPs
Basic informationSHB and court casesWAC 173-27-080PermitsSMP examplesConsiderations
Nonconforming basics
Lawfully established or builtPrior to effective date of SMA/SMPDo not conform to current SMP
Use - no longer allowed in environmentStructure –inconsistent with bulk, setback, height, density
Not consistent w/ community vision
Nonconforming basics
Can continue to exist Long term goal: eliminateNonconformity cannot increaseAbandoned: NC status expiresReality: many exist for a long time
SHB and Court cases
Rhod-a-zalea v. Snohomish CountyNC uses disfavored; restrict so they phase out
Jefferson Co. v. Seattle Yacht ClubNC uses disfavored
SHB 95-6If setbacks not intended to phase out residential use, invites piecemeal granting of variances
SMA & Guidelines
SMA: silent on nonconformingGuidelines: address nonconforming uses and properties (WAC 173-26-191(2)(a)(iii)(A)
WAC 173-27-080
Conforming use, NC structuresOK to maintain & repairCan expand, but not increase extent of nonconformity
NC uses cannot expand, except for SFRStructure that needed variance
Legal nonconforming structureNC regulations apply
WAC 173-27-080
NC development that is damagedUp to 75%, may be rebuilt to prior configurationsApply within 6 monthsComplete restoration within 2 years of permit
NC use that is discontinuedNC rights expireSubsequent use shall be conforming
Recent permits
Snohomish County Proposal – add 2nd
story, unheated attic, same footprintNew house underwayEcology denied varianceSHB
Adding 16’ of height increases encroachmentSetback line extends into the air
Recent permits
West Seattle Proposal – Add partial 3rd story, additionsStringline setback –nearest shoreside cornersSMP – No expansion in any manner that increases extent of NCEcology denied variance
SMP examples
BellinghamCUP needed to expand NC structureNo expansion toward shorelineMust meet 35–ft height restrictionNo increase in impervious surfaceCommercial – public access, restoration may be required Residential - buffer enhancement may be required
SMP examples
Port TownsendNC use discontinued for 365 continuous days loses NC statusNC structure damaged more than 50% replacement cost must conform to SMP to be restoredNC residential structures destroyed may be rebuiltCommercial, marine, etc. – interior, nonstructural changes OK, limited to 50% replacement cost over 5 years
SMP examples
Whatcom CountyExpansion of SFR needs CUPCan go upland & into side yardsNo expansion waterward or into side yard setbackCan go higher if meet view blockage requirementsBuffer planting neededExpanding waterward, into side yard setback or above height standards needs variance
SMP examples
Pt. Roberts salmon cannery Whatcom proposed SMP revisionsCUP to require public access, beach plantingHotel/restaurant -change roofline, water views for guests
Considerations
Vashon shoreline Shoreline with lots of NC structuresIs variance needed for new developmentConsider appropriate designations and regulations
Considerations
Address nonconforming regulations in cumulative impact analysisIs no net loss achieved?Time frame for abandonmentMaximum % destroyed & allowed to rebuildWhat does zoning code allow?NC structures can be rebuilt to same footprint & height prior to destruction
Conclusion
Guidelines allow some flexibilityNonconformities need to be managedThink it through; show your workEcology considers statewide interest, public access, habitat restoration