Spokane Municipal Code

Title 17C Land Use Standards

Chapter 17C.210 Nonconforming Situations

Section 17C.210.040 Nonconforming Buildings – Repair

1. Except as provided for residential household living uses in the industrial zones in subsection (C) of this section, the owner of a nonconforming building is permitted under this chapter to make those repairs and alterations required under chapter 17F.070 SMC; however, when a building, because of damage, destruction, deterioration or other reason, is an unfit building which needs to be demolished under SMC 17F.070.410(B), it may not be restored or reconstructed unless in full compliance with the requirements for the zone under this chapter. In order to reinstate nonconforming rights under this chapter to a building which has been damaged or partially destroyed to an extent less than sixty percent of its value (as provided in SMC 17F.070.410(B)), the owner must cause restoration to begin within one year, or show evidence of insurance claim, after the damage or the destruction and must continue to make substantial progress as required by the building permit.
    
2. The existence of a nonconforming use within a conforming building does not permit alteration or repair of the building which causes the building to not conform.
    
3. In the industrial zoning categories, the owner of a building containing a nonconforming residential household living use is permitted under this chapter to make those repairs and alterations required under chapter 17F.070 SMC. When a residential building, because of damage, destruction, deterioration or other reason, is an unfit building which needs to be demolished under SMC 17F.070.410(B), it may be restored or reconstructed subject to compliance with the development standards of the zone in which the site is located. In order to reinstate nonconforming rights under this chapter to a building which has been damaged, destroyed or partially destroyed (as provided in SMC 17F.070.410(B)), the owner must cause restoration to begin within one year, or show evidence of insurance claim, after the damage or the destruction and must continue to make substantial progress as required by the building permit.
    
4. In order to make uniform policy regarding nonconforming multifamily residential buildings, all duplexes and other multifamily buildings existing in the R1 and R2 zones may be rebuilt in the event of damage or destruction over sixty percent as long as the number of units are not increased and the building conforms to the underlying zoning development standards.

Date Passed: Monday, April 25, 2011

Effective Date: Friday, June 3, 2011

ORD C34717 Section 18