Title 17C Land Use Standards
Chapter 17C.210 Nonconforming Situations
Section 17C.210.020 Policy
This chapter provides methods to determine whether nonconforming situations have legal nonconforming status. This is based on whether they were allowed when established, and if they have been maintained over time. This chapter also provides a method to review and limit nonconforming situations when changes to those situations are proposed. The intent is to protect the character and function of the area by reducing the negative impacts from nonconforming situations. At the same time, the standards assure that the situations may continue and that the zoning standards will not cause unnecessary burdens. Nonconforming situations that have a lesser impact on the immediate area have fewer restrictions than those with greater impacts. Nonconforming situations in residential zones are treated more strictly than those in commercial or industrial zones in order to protect the livability and character of residential neighborhoods. In contrast, a nonconforming situation such as a nonconforming residential density in a residential zone is treated more liberally because they do not usually represent a major disruption to the neighborhood and they provide needed housing opportunities in the City.
Because of the practical necessities of administering the provisions of this chapter respecting nonconforming situations, the owner of such use, in order to claim the privilege of continuation, must have established the existence of the nonconforming use situation by a certificate of occupancy as provided in SMC 17G.010.170 .
Date Passed: Tuesday, May 31, 2005
Effective Date: Wednesday, July 6, 2005
ORD C33636 Section 5
