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Council approves code change to allow limited expansion of legal nonconforming uses after review
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Summary
Kennewick City Council adopted an amendment allowing owners of legal nonconforming uses to apply for limited expansion through a conditional‑use process, a citywide codification aimed at clarifying past practice and addressing vehicle‑sales and repair concerns in the UMU area; the measure passed 5–2 after debate about impacts on the Bridge‑to‑Bridge vision.
Kennewick City Council on April 14 adopted an amendment to the municipal code that lets owners of legal nonconforming uses seek limited expansion through a conditional‑use permit and new criteria meant to align expansions with zoning standards.
Staff told the council the change was intended to codify long‑standing practice and provide clearer thresholds for when an expansion triggers full compliance with current urban standards. The amendment applies citywide but includes special provisions for the Urban Mixed Use (UMU) zone and exempts Vista Field. Under the ordinance, most expansions remain capped at about 25 percent of the use or structure unless a conditional‑use application justifies a greater increase subject to design, parking and frontage requirements.
Supporters on council and staff said the amendment provides a predictable administrative process that will let established, tax‑paying businesses consider measured growth while ensuring new site improvements meet UMU design standards. Planning staff said the code establishes monetary and percentage thresholds for when upgrades such as curb, gutter and sidewalks are required and emphasizes contiguous expansions only (not across streets or alleys).
Opponents warned the citywide approach was driven by a narrow problem on Columbia Drive and the Bridge‑to‑Bridge area and risked undermining the walkable, higher‑density UMU vision by enabling expansions of automotive and industrial uses. Several council members asked for tighter geographic tailoring or additional safeguards; those concerns were discussed at length before council voted.
The council approved the ordinance by roll call, 5–2. City staff said the conditional‑use permit pathway allows staff and the hearings examiner to attach conditions to mitigate compatibility concerns, and appeals would follow existing processes.
The ordinance becomes part of the Kennewick Municipal Code; implementation details, including thresholds and design standards, will be enforced through the permitting process.
