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Title 17C
Chapter 17C.210
Section 17C.210.090
 

Title 17C Land Use Standards

Chapter 17C.210 Nonconforming Situations

Section 17C.210.090 Nonconforming Development – Modification
  1. Purpose.

This section is primarily aimed at upgrading nonconforming development elements that affect the appearance and impacts of a site. It is not intended to require extensive changes that would be extremely impractical such as moving or lowering buildings.

  1. Continued Operation.

Nonconforming developments may continue unless specifically limited by other standards in this chapter.

  1. Changes.

Changes may be made to the site if the changes are in conformance with the base zone development standards. Changes which bring the site closer to conformance are allowed. Proposed changes that are not in conformance or do not move closer to conformance, are subject to the variance process unless prohibited.

  1. New Development.

New development associated with an existing nonconforming development must meet the requirements stated below. When additions are made that are over the threshold of subsection (E)(1) of this section, the site must be brought into conformance with the development standards listed in subsection (E)(2) of this section. The value of the additions is based on the entire project, not individual building permits.

  1. Thresholds Triggering Compliance.

When the value of the proposed additions (based on value of new construction from the building code) on the site is that set out in subsection (E)(1) of this section, the standards of subsection (E)(2) of this section must be met. Mandatory improvements for fire, life safety and accessibility do not count toward the thresholds.

    1. Forty percent in twelve months, or sixty percent or more in forty-eight months, of the assessed value of all improvements on the site. On sites with multiple tenants in one or more buildings, the threshold applies to any addition that is forty percent in twelve months or sixty percent or more in forty-eight months of the assessed value of all improvements on the site.
    1. Standards Which Must Be Met.

Development not complying with the development standards listed below must be brought into conformance.

      1. Landscape improvements for surface parking and exterior development areas.
      1. Sidewalks and other pedestrian circulation systems, as required in the base zone standards.
      1. Bicycle parking by upgrading existing racks and providing additional spaces in order to comply with SMC 17C.230.200, Bicycle Parking. Sites that do not have accessory surface parking are exempt from this standard.
      1. Interior parking lot landscaping.
      1. Landscaping in building setbacks.
      1. Minimum landscaped area (where land is not used for structures, parking or exterior improvements).
      1. Screening; and
      1. Paving of surface parking and exterior storage and display areas.
  1. Timing and Cost of Required Improvements.

Required improvements must be made as part of the addition that triggers the required improvements. If the value of the addition exceeds the values in subsection (E)(1) of this section, the site must be brought into conformance with the development standards listed in subsection (E)(2) of this section. If the value of the addition is less than the values in subsection (E)(1) of this section, the cost of required improvements is limited to ten percent of the value of the proposed additions. When all required improvements are not being made, the priority for which improvements to make is the same as the order of improvements listed in subsection (E)(2) of this section.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 5