Spokane Municipal Code

Title 17C Land Use Standards

Chapter 17C.210 Nonconforming Situations

Section 17C.210.085 Nonconforming Situations – Resulting from the Airfield and Fairchild Overlay Zoning

1. The intent of this section is to allow retention of uses rendered nonconforming solely as a result of the adoption of chapters 17C.180 and 17C.182 SMC and associated changes to the official zoning map and to permit continued investment and upgrades to existing buildings and sites made nonconforming solely as a result of the adoption of said zoning standards. In the event of an inconsistency between this section and chapter 17C.210 SMC as a whole, this section shall control.

2. A nonconforming structure in the clear zone or ACZ-1 shall not be expanded in height or bulk. When a non-conforming structure in the clear zone or ACZ-1, because of damage, destruction, deterioration, or other reason, is determined to be unfit and needs to be demolished under SMC 17F.070.410, it may not be restored or reconstructed unless in full compliance with the requirements for the zone under this chapter. In cases where a structure in the clear zone or ACZ-1 has been damaged or partially destroyed to an extent less than sixty percent of its value, the structure may be rebuilt to the same square footage and occupancy if the owner causes restoration to begin within one year after the damage or the destruction and continues to make substantial progress as required by the building permit.

3. The following provisions refer to the use categories defined by SMC 17C.180.070 and SMC 17C.182.420:

1. 1. Nonconforming residential uses may be rebuilt if destroyed or damaged. No additional dwelling units may be added. Buildings housing nonconforming residential uses or accessory buildings may be expanded within the same parcel subject to the standards of the underlying zoning. No additional dwelling units (including accessory dwelling units) may be added.

1. 2. Nonconforming high-intensity and vulnerable occupant uses shall not be expanded in such a way as to cause the building code occupancy to increase. Nonconforming high intensity and vulnerable occupant uses may be rebuilt to the same square footage and occupancy if damaged or destroyed.

1. 3. Nonconforming critical community infrastructure may be rebuilt if destroyed or damaged. Facilities may be expanded or improved on the same parcel to the extent that new capacity is not added.

1. 4. When a building containing a hazardous use, because of damage, destruction, deterioration, or other reason, is an unfit building which needs to be demolished under SMC 17F.070.410, it may not be restored or reconstructed unless in full compliance with the requirements for the zone under this chapter. In cases where a building containing a hazardous use has been damaged or partially destroyed to an extent less than sixty percent of its value, the building may be rebuilt to the same square footage and use if the owner causes restoration to begin within one year after the damage or the destruction and continues to make substantial progress as required by the building permit.

1. 5. Facilities housing a non-conforming hazardous use may be expanded or improved so long as the hazardous nature of the use is not increased.

4. Any building intended for human occupation located in the airfield noise zone that is allowed to be rebuilt as the result of this section shall be designed to achieve an interior noise level not exceeding forty-five decibels.

5. Vacant spaces in commercial buildings permitted prior to the adoption of the Airfield and Fairchild overlay zones may be leased to and/or occupied by any use permitted by both the overlay zones and underlying zoning without occupancy limitation. Any expansion of existing buildings must comply with the overlay zone and occupancy limitations.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 7