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1999, 11-04 Non-Conforming Uses and StructuresrA SPOKANE COUNTY DEVELOPMENT ASSISTANCE BULLETIN NON -CONFORMING USES AND,STRUCTURES A "Non -conforming use" means a use which was lawfully established and main- tained but which, because of zoning changes or ordinance changes, it no longer conforms to the use regulations of the zone in which it is located. A non -conforming building, or -non -conform- ing portion of the building is deemed to constitute a non -conforming use of the land on which it is located. It is important to note that no rights to non -conforming uses can be acquired where a structure is erected or use commenced in violation of zoning and/or building, codes. Often non -con- forming uses are created when large areas undergo a change in zone classifi- cation. Activities allowed under the old zoning classification, may not be permitted with the new classification. These are often said to have "grandfather rights" to continue operation until such time as they are abandoned. ESTABLISHMENT OF NON -CONFORMING USES AND STRUCTURES Generally non -conforming uses and structures in existence at the time of the ordinance change or a zoning reclass- ification may be continued. The proving of the existence of a non -conforming use or structure is the responsibility of the person or party asserting <non-con€ormi n _ rights;; This is accomplished by the party requesting non -conforming status first; 1) Submitting competent proof that the use or activity lawfully existed prior to the change of the zoning provisions to the Planning Department. Common types of proof include: - Sales Agreements - Recorded Surveys - Building permits - Sales Receipts - Tax Records - Sworn Affidavits from persons having know- ledge of the use or activity - Or other documentation 2) After reviewing the documents submitted, the Zoning Adminis- trator will make a determina- tion regarding the non -con- forming status of the use or structure, fin OD DOOD0 ❑DD❑0DD O r nnn Q 00'WAREHOUSE �trn 0 = =I1 3) The applicant and area proper- ty owners will be notified of the Zoning Administrator's determination as required by law. 4) if the applicant or other interested parties wishes to :appeal the Zoning Administra- tor's determination, they must file an appeal to the Spokane County Zoning Adjustor within ten (10) days of the written determination. Further appeals may be made to the Spokane County Board of Adjustment and Superior Court. MAINTAINING AND EXTENDING NON -CONFORMING USES The Spokane County Zoning Ordinance generally provides that non -conforming uses, if abandoned for a year or more, will not be allowed to be re-established Extension of non -conforming uses requires a hearing before the Spokane County Zoning Adjustor/ Board of Adjust- ment. Extensions of use are enlarge- ments of existing uses such as the enlargement of a mining area, grocery store, also extensions would include replacement of old buildings with newer, larger ones. Extensions are not meant to include the addition of other non -per - pitted uses or expanding a use. EXAMPLE: A non -conforming sand and gravel opera- tion would probably not be allowed to establish an asphalt mixing plant even though they are related. please inquire �: North 72I Jefferson, Spokarie,WA 99260 (509� 456>2205 If you have any further q»Pctinns 110 b. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be measured from the nearest point of the parking area or lot to the nearest point of the nearest building that such parking area or lot is required to serve: 1. Residential uses --on the same site as the building(s) the parking is required to serve, except, that in the case of multi -family structures up to fifty (50) percent of the required parking may be provided off the. . build,ng _ s t..:.. but no urther. than two hundred (200)-feet from the. multi -family structure. 2. Non-residential uses in residential zones --on the same site as the building(s) such parking is required to serve or separated therefrom only by an alley or a street. 3. Motels, hotels, tourist courts --on the same site as the building(s) the parking is required to serve, or separated therefrom only by an alley or street. 4. Non-residential uses (except motels, hotels, and tourist courts) in the Local Business and less restrictive zones --not more than three hundred (300) feet from the building the parking is required to serve. 5. No private parking area or public parking lot shall be located in the required front yard of any lot in a residential zone. Trailers, boats, campers, manufactured homes, house trailers and similar vehicles shall not be parked in the front yard or in the required side or flanking street yard of any lot in a residential zone. 4.17.080 Recreational Vehicles Recreational vehicles when used as a temporary residence shall be permitted in a public or semi-public recreation or lake areas during the summer months. 4.17.110 Signs in Residential Zones Sign structures are permitted in the Single Family Residential, Agricultural Suburban, Two Family Residential, Multiple Family Suburban, and Residential Manufactured Home Zones in accordance with the following uses and standards: a. A nameplate which indicates no more than the name, address and profession of the occupant of the premises is permitted provided that such sign shall not exceed an area on one side of two (2) square feet. b. A sign identifying a kindergarten, nursery school or home occupation is permitted provided that such sign is limited in size to a maximum of two (2) square feet, unlighted, and placed flat against the building housing the described use. 111 c. A temporary sign limited to the duration of the activity which directs attention to the sale, lease, or rental of the particular building, property or premises, or identifies an event (such as a garage sale or open house) upon which it is located is permitted provided that such sign is unlighted, limited in size to a maximum of five (5) square, feet and in height to three (3) feet and is situated at least ten (10) feet from any public right-of-way or private drive. Such sign may not be used to promote a home occupation. On premise 4iins�udeutafyi .a,, u„te.ta i c ta.1;r::p k -d obits or- paroehi-al .- eternality -or j7unior high school, apartment house, library, nursing home, retirement home, public building, non-profit community hall or lodge, cemetery or sanitarium are permitted as follows: i. One sign, unlighted or low intensity illumination, placed flat against the outside wall of the main building, having an area of not greater than twenty (20) square feet; and ii. One detached sign having an area of not more than fifteen (15) square feet on each face placed back to back. Such sign shall not exceed six (6) feet in height nor six (6) feet in width and shall be situated at least ten (10) feet from any public right-of-way or private drive. The sign shall be unlighted except when situated on a major or secondary arterial as defined in the Comprehensive Plan, such sign may incorporate low intensity lighting. e. On -premise signs identifying a high school, hospital, college, or institution of higher learning, public golf course, museum or a temporary sign for a real estate office or contractor's yard in accordance with Sections 4.044.030 (c), 4.05.030 (c) are permitted as follows: i. One sign, unlighted or low intensity illumination, placed flat against the wall of the main building, having an area of not greater than thirty-two (32) square feet; and li. 0ne ae_acned .... ign having an area of .lot more than (32) square feet on each face placed back to back. Such sign, shall not exceed twenty (20) feet in height nor ten (10) feet in width and shall be situated at least ten (10) feet from any public right-of-way or private drive. The sign shall be unlighted except when situated on a major or secondary arterial as defined in the Comprehensive Plan, such sign may incorporate low intensity lighting. 4.17.120 Signs in Agricultural Zone Sign structures are permitted in the Agricultural Zone in accordance with the following uses and standards: A nameplate which indicates no mare than the name, address and profession of the occupant of the premises is permitted, provided that such sign shall not exceed on one side of two (2) square feet.