14-0918 Plan review comments.pdf
CE
ITY OF DMONDS
th
1215ANE,WA98020
DMONDS
PFWwww.edmondswa.gov
HONEAXEB
DSDPB
EPARTMENTUILDING
2
201-0918
TH
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17.40.010 Nonconforming uses.
A.Definition. A nonconforming use is one which was once allowed by applicable
land use regulations, but is no longer allowed, due to the passage or later change
of the ordinance codified in this chapter or a prior ordinance.
B.Continuation. A nonconforming use may continue, unless required to be abated
by subsection (C) of this section, but it may not be expanded in any way, including
additional lot area, floor area, height, number ofemployees, equipment, or hours
of operation, except as otherwise provided in ECDC 17.40.050.
C. Lapse of Time.
1. If a nonconforming use ceases for a period of six continuous months, any
later use of the property occupied by the former nonconforming use shall
conform to this zoning ordinance. Uses such as agricultural uses, which vary
seasonally, shall be deemed abandoned if the seasonal use is not utilized during
one full season consistent with the traditional use.
2. If a nonconforming residential use ceases because its building is damaged in
excess of 75 percent of its replacement cost, the use may be reestablished if,
but only if, an application for a building permit which vests as provided in ECDC
19.00.015, et seq., is filed within 18 months of the date such damage occurred.
After the application has been filed, only one 180-day extension may be
granted.
3. The right of reestablishment of use described in subsection (C)(2) of this
section shall not apply if:
a. The building or structure was damaged or destroyed due to the unlawful
act of the owner or the owner’s agent; or
b. The building is damaged or destroyed due to the ongoing neglect or gross
negligence of the owner or the owner’s agent.
In the event that subsection (C)(3)(a) or (b) of this section apply, the
nonconforming use shall be abated if damage exceeds 25 percent of
replacement cost. “Replacement cost” shall be determined as provided in ECDC
17.40.020(F).
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