It is the purpose of this chapter to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect the development and perpetuation of desirable residential, commercial and industrial areas with appropriate grouping of compatible and related uses.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
Unless otherwise specifically provided in the zoning code, nonconforming situations that were otherwise lawful on the effective date of this code may be continued.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
To avoid undue hardship, nothing in this title shall be deemed to require a change in plans, construction or designated use of any building for which actual construction was lawfully begun prior to effective date of this chapter.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
When a nonconforming lot can be used in conformity with all of the requirements applicable to the intended use, except that the lot is smaller than the required minimums set forth in the dimensional and density requirements for each zoning district, then the lot may be used as proposed just as if it were conforming.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the zoning official may allow variances from the applicable setback requirements if he/she finds that:
A. 
The property cannot reasonably be developed for the use proposed without such deviations;
B. 
These deviations are necessitated by the size or shape of the nonconforming lot;
C. 
The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety; and
D. 
Compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263- 17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
An authorized use or structure may be erected on a preexisting legal lot containing less area than that required by the designated zoning district in which it is located; provided that the front, side, and rear yard requirements are met, as well as all other applicable dimension and density standards of this title.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
If, on the date the zoning code becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this chapter. This requirement shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this chapter is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
Any preexisting lawful use of land that is made nonconforming under the terms of this zoning code may be continued so long as the use remains lawful, subject to the provisions of this chapter.
A. 
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area than was occupied immediately prior to nonconformity, unless specifically permitted by the provisions of this title or at the discretion of the community development director.
B. 
No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.
C. 
If any such nonconforming use is vacated or abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located.
D. 
No existing structure devoted to a use not permitted by this title shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located, unless specifically permitted by the provisions of this title or at the discretion of the community development director.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1347-21 § 15; Ord. 1418-25, 7/24/2025)
Since the adoption of these zoning regulations in 1995, the code has not permitted agricultural uses, including the keeping of livestock, as a new land use in the City of Sultan. Agricultural uses that were in existence prior to 1995 are allowed to continue their operations as legal nonconforming uses so long as pasture land is provided at a ratio of 1/2 acre per domestic animal and proper fencing and sheltering are maintained in accordance with Chapter 6.08 SMC.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
Where a lawful structure exists as of the effective date of this title, which could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure, said structure may remain so long as it remains otherwise lawful, subject to the following provisions:
A. 
No such nonconforming structure may be enlarged or altered in a way which increases its degree of nonconformity. All work contemplated under this subsection shall be conditioned upon the city's prior approval of complete plans for the work submitted by the applicant.
B. 
Should such nonconforming structure be destroyed by any means to an extent exceeding 50% of its replacement cost at time of destruction, in the judgment of the city, it may not be reconstructed except in conformity with provisions of this title; provided that in residential zoning districts, structures that are nonconforming in regard to yard setbacks, but were in conformance at the time of construction, may be reconstructed to their original dimensions and location on the lot.
C. 
Should such nonconforming structure be moved for any reason or any distance whatsoever, it shall thereafter be required to conform to the regulations for the zoning district in which it is located.
D. 
When a nonconforming structure, or structure and premises in combination, is vacated or abandoned for 12 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to conform to the regulations of the zoning district in which it is located. Upon request of the owner, the community development director may grant an extension of time beyond the 12 consecutive months. A request for an extension beyond the 12 months must be in written form, contain all property information, reason for request (i.e., bankruptcy, probate, sale, etc.), and projected long-term use of the property. Any property that has received any previous land use actions or decisions will be upheld.
E. 
Residential structures and uses located in any residential zoning district may be rebuilt after a fire or other natural disaster to their original dimensions and bulk but may not be changed except as provided in Chapter 16.12 SMC.
F. 
Legally nonconforming single-family dwellings, including accessory buildings, located in non residential zoning districts may be rebuilt after a fire or other natural disaster to their original dimensions and bulk but may not be changed except as provided in Chapter 16.12 SMC.
G. 
Improvements, expansions, or additions to existing single-family dwellings including accessory buildings, which are considered nonconforming, are permissible when the improvement, expansion, or addition:
1. 
Does not change the existing use, as established, from the effective date of the nonconformance;
2. 
Does not increase the land area devoted to the nonconforming use by more than 25% from the effective date of the nonconformity;
3. 
Does not create additional dwelling units that would result in 50% or more density above what is allowed in the underlying zone;
4. 
Conforms to required occupancy, setback, lot coverage, landscaping, parking, and all other development standards within the respective zone;
5. 
Meets performance standards defined in Chapter 16.30 SMC; and
6. 
Provides public improvements, as deemed necessary for the project, such as sewer, water, drainage, pedestrian circulation and vehicle circulation in addition to other concurrency provisions established under Chapter 16.70 SMC.
H. 
Conversion of an existing garage or other accessory structure into one or two accessory dwelling units is permitted, provided that any displaced off-street parking is replaced. An existing structure that does not meet current setback or lot coverage requirements may be converted into an accessory dwelling unit, provided the community development director may impose additional conditions for approval necessary to ensure public health, safety, and welfare.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1304-19A § 1; Ord. 1347-21 § 16; Ord. 1418-25, 7/24/2025)
A. 
Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged and may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the current replacement value of the building. Major renovation, i.e., work estimated to cost more than 25% of the appraised valuation of the structure to be renovated, may be done only in accordance with a permit issued pursuant to the zoning code.
B. 
If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 25% of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a permit issued pursuant to the zoning code. This section does not apply to structures used for single-family detached residential purposes, which structures may be reconstructed pursuant to a permit just as they may be enlarged or replaced.
C. 
For purposes of subsections A and B of this section:
1. 
The "cost" of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.
2. 
The "cost" of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of subsection A or B of this section by doing such work incrementally. An itemized appraisal of the work shall be prepared by an independent professional and provided to the city by the applicant.
3. 
The "appraised valuation" shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser.
D. 
The community development director shall issue a permit authorized by this section if the director finds that, in completing the renovation, repair or replacement work:
1. 
No violation of subsection B of this section will occur;
2. 
The permittee will comply to the extent reasonably possible with all provisions of this code applicable to the existing use (except that the permittee shall not lose his or her right to continue a nonconforming use); and
3. 
Compliance with a requirement of this code is not reasonably possible if it cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1347-21 § 17; Ord. 1418-25, 7/24/2025)
Nothing in this title shall be deemed to prevent the strengthening or restoring to safe condition of any nonconforming building or part thereof declared to be unsafe by order of the city to protect the public safety.
Alterations or expansion of a nonconforming use which are required by law or public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)
A. 
If an intended change from a nonconforming use is to a principal use that is permissible in the zoning district where the property is located, and all of the other requirements of this code applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this code is achieved, the property may not revert to its nonconforming status.
B. 
If an intended change from a nonconforming use is to a principal use that is permissible in the zoning district where the property is located, but all of the requirements of this code applicable to that use cannot reasonably be complied with, then the change is permissible if the city council approves an application authorizing the change. A permit may be issued if the community development director finds, in addition to any other findings that may be required by this code, that:
1. 
The intended change will not result in a violation of SMC § 16.20.020; and
2. 
All of the applicable requirements of this code will be reasonably complied with. Compliance with a requirement of this code is not reasonably possible if it cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible, and in no case may an applicant be given permission pursuant to this section to construct a building or add to an existing building if additional nonconformities would thereby be created.
C. 
Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided that:
1. 
No structural alterations are made; and
2. 
The proposed nonconforming use is more appropriate to the zoning district than the existing nonconforming use; and
3. 
All applicable requirements, conditions and safeguards of this title are reasonably complied with.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1347-21 § 18; Ord. 1418-25, 7/24/2025)
A. 
If a legal nonconforming use is discontinued for a consecutive period of 12 months, then that property may thereafter be used only in conformity with the current zoning code regulations. Upon request of the owner, the community development director may grant an extension of time beyond the 12 consecutive months. A request for an extension beyond the 12 months must be in written form, contain all property information, reason for request (i.e., bankruptcy, probate, sale, etc.), and projected long-term use of the property. Any property that has received any previous land use actions or decisions will be upheld.
B. 
For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 12 months shall not result in a loss of the right to rent that apartment or space thereafter, so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1347-21 § 19; Ord. 1418-25, 7/24/2025)
A nonconforming use and/or building cannot be maintained if more than 50% of the assessed value of improvements on the subject property is lost by any form of destruction whether through manmade or natural causes. Then, the subject property may thereafter be used only in conformity with the current zoning code regulations.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1263-17 § 2 (Exh. B); Ord. 1418-25, 7/24/2025)