Title 17C Land Use Standards
Chapter 17C.210 Nonconforming Situations
Section 17C.210.080 Nonconforming Situations – Resulting from Zoning Code Adoption
The City recognizes that some existing density, uses and development may become nonconforming as a result of the adoption of the:
• Commercial land use code (Ordinance C33636) and associated changes to the official zoning map (Ordinance C33657), May 31, 2005;
• Industrial land use code (Ordinance C33578) and associated changes to the official zoning map (Ordinance C33757), November 7, 2005;
• Residential land use code (Ordinance C33830) and associated changes to the official zoning map (Ordinance C33841); May 8, 2006; and
• Adoption of zoning designations as part of a neighborhood or center plan.
The intent of this section is to allow retention of these nonconforming uses and to permit continued investment and upgrades to existing buildings and sites made nonconforming solely as a result of the adoption of these zoning standards.
- Use Allowed by Special Permit.
Any use, which was originally established in a zone by special permit, shall obtain a conditional use permit prior to the expansion of the use or any building related to the use beyond the approved limits.
- Nonconforming Residential Uses.
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- General.
A nonconforming residential building may not be expanded to create additional dwelling units.
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- Single-family Dwellings.
A single-family dwelling may be expanded subject to compliance with the setback, building height and other development standards of the zone in which it is located.
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- A nonconforming duplex or multi-family residence may be rebuilt if it is damaged or partially destroyed, but shall not be expanded beyond the original parcel(s) occupied at the time of the use or building became nonconforming, nor increase the number of units. Site development shall comply with the development standards of the zone in which the site is located and the building size shall not be larger than the pre-existing building. Off-street parking shall be provided in accordance with current parking standards.
- Nonconforming Commercial and Office Uses.
A nonconforming commercial and office use may rebuild if it is damaged or partially destroyed to an extent more than sixty percent of its value, but shall not be expanded beyond the original parcel(s) occupied at the time the use or building became nonconforming. Site development shall comply with the development standards of the zone in which the site is located and the building size shall not be larger than the pre-existing building. Off-street parking shall be provided in accordance with current parking standards.
- Nonconforming Industrial Uses.
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- General.
A nonconforming industrial use that is not deemed unsafe, hazardous, unhealthful or obnoxious due to noise, odor, air quality or visual blight may rebuild if it is damaged or partially destroyed to an extent more than sixty percent of its value, but shall not be expanded beyond the original parcel(s) occupied at the time the use or building became nonconforming. Site development shall comply with the standards of the zone in which the site is located and the building size shall not be larger than the pre-existing building. Off-street parking shall be provided in accordance with current parking standards.
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- Outside Uses.
Outside nonconforming equipment and machinery may be relocated or altered, provided that any relocated outside uses are consistent with the outdoor activity provisions of the base zone and comply with the off-site impact requirements of chapter 17C.220 SMC, Off-Site Impacts.
- Timing of Rebuilding.
When this section allows the rebuilding of a nonconforming use, the owner must cause rebuilding to begin within one year after the damage or the destruction and must continue to make substantial progress as required by the building permit.
Date Passed: Monday, May 8, 2006
Effective Date: Wednesday, June 14, 2006
ORD C33832 Section 9
