(1) Establish the legal status of a nonconformance by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated;

(2) Provide for the temporary establishment of uses that are not otherwise permitted in a zone and to regulate such uses by their scope and period of use; and

(3) Encourage the adaptive re-use of existing public facilities, which will continue to serve the community, and to ensure public review of redevelopment plans by allowing:

(1) All nonconformances shall be subject to the provisions of this chapter.

(2) Nonconformance standards referenced in Chapter 18.31 CMC shall be applicable within the downtown zone. Where all other standards in this section may conflict with Chapter 18.31 CMC, the standards contained in Chapter 18.31 CMC shall apply.

(3) The provisions of this chapter do not supersede or relieve a property owner from compliance with:

(1) The nonconforming use, structure, or site improvement, which previously existed, is not expanded;

(2) A new nonconformance is not created; and

(3) The use has not been discontinued for more than 12 months prior to its re-establishment, or the nonconforming structure or site improvement is reconstructed pursuant to a complete permit application submitted to the Department within 12 months of the occurrence of damage or destruction. (Ord. 42-02 § 2 (21A.32.045))

(1) The modification does not expand any existing nonconformance; and

(2) The modification does not create a new type of nonconformance. (Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.32.055))

(1) The Department may review and approve, pursuant to the Type I process of Chapter 14.30 CMC, an expansion of a nonconformance; provided, that:

(2) A special use permit shall be required for expansions of a nonconformance within a development authorized by an existing special use or unclassified use permit if the expansions are not consistent with the provisions of subsection (1) of this section.

(3) A conditional use permit shall be required for expansions of a nonconformance:

(1) Uses not otherwise permitted in the zone that can be made compatible for periods of limited duration and/or frequency; or

(2) Limited expansion of any use that is otherwise allowed in the zone but which exceeds the intended scope of the original land use approval.

(1) The following uses shall be exempt from requirements for a temporary use permit when located in the TC, MC, GC, MHO, CC, NC, or I zones for the time period specified below:

(2) Any use not exceeding a cumulative total of two days each calendar year shall be exempt from requirements for a temporary use permit.

(3) Any community event held in a park and not exceeding a period of seven days shall be exempt from requirements for a temporary use permit. (Ord. 05-16 § 1 (Exh. A); Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.32.110))

(1) The temporary use permit shall be effective for no more than 180 days from the date of the first event;

(2) The temporary use shall not exceed a total of 60 days; provided, that this requirement applies only to the days that the event(s) actually take place;

(3) Temporary use permits for recreational vehicles shall not exceed the duration and frequency as outlined in CMC 18.50.190(4);

(4) The temporary use permit shall specify a date upon which the use shall be terminated and removed; and

(5) A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year; provided, that a temporary use permit may be granted for multiple events during the approval period. (Ord. 05-16 § 1 (Exh. A); Ord. 42-02 § 2 (21A.32.120))

(1) Application. Application shall be made by the market manager or his/her designee. The manager and/or designee shall provide a vendor register with contact information for all vendors, to be updated when new vendors are added.

(2) Permit Duration. The temporary use permit shall be effective for no more than 180 days from the date of the first event.

(3) Days of Operation. Markets may operate any day of the week at any time of the year, subject to an approved 180-day temporary use permit. Markets that sell food items other than produce, or that prepare foods, are subject to permanent food establishment guidelines under the King County Board of Health Code.

(4) Hours of Operation. Sales are permitted from 9:00 a.m. to 6:00 p.m. between November 1st and April 30th, and from 9:00 a.m. to 9:00 p.m. between May 1st and October 31st. Vendors must assemble and disassemble their spaces during these hours. The market manager or his/her designee shall be on site at all times of market operation.

(5) Tents/Canopies.

(6) Accessory Uses. Crafts sales, processed food sales, and prepared food sales shall be accessory uses to farmers’ and public markets.

(7) Vendors. Up to 30 percent of the vendors of a farmers’ market and up to 50 percent of the vendors of a public market may consist of resellers and other accessory uses allowed for that use. A single vendor using multiple spaces shall count as multiple vendors for the purpose of calculating primary to accessory vendors (e.g., a single vendor selling crafts that is using three spaces counts as three craft vendors).

(8) Signs. Two temporary signs advertising the market itself are permitted. Such signs shall be no more than six square feet in area and may be placed within 300 feet of the market entrance, excluding the public right-of-way. Individual vendor space signs shall be located only on vendor tables or tent structures. Vendor signs shall not project above the roofline of a tent.

(9) Parking. Two on-site parking spaces are required for each vendor space. Two bicycle parking spaces are required for markets with 10 or more vendor spaces; one additional bicycle parking space is required for every additional 10 vendor spaces.

(10) Revocation of Permit. A temporary use permit for a farmers’ market or public market issued pursuant to this section shall be revoked upon a finding that the market no longer complies with the terms of this section and all other applicable sections of the Covington Municipal Code. A market manager or his/her designee may appeal a revocation to the hearing examiner in accordance with Chapter 14.45 CMC. (Ord. 09-09 § 8)

(1) Allowed only during periods of active construction; and

(2) Removed within 30 days of project completion or cessation of work. (Ord. 42-02 § 2 (21A.32.150))

(1) A mobile home may be permitted on a lot as a temporary dwelling for the property owner, provided a building permit for a permanent dwelling on the site has been obtained.

(2) The temporary mobile home permit shall be effective for a period of 12 months. The permit may be extended for one additional period of 12 months if the permanent dwelling is constructed with a finished exterior by the end of the initial approval period.

(3) The mobile home shall be removed within 90 days of:

(1) A mobile home may be permitted as a temporary dwelling on the same lot as a permanent dwelling, provided:

(2) Temporary mobile home permits for medical hardships shall be effective for 12 months. Extensions of the temporary mobile home permit may be approved in 12-month increments subject to demonstration of continuing medical hardship in accordance with the procedures and standards set forth in subsection (1) of this section.

(3) The mobile home shall be removed within 90 days of:

(1) Are allowed only during periods of active construction or remodeling;

(2) Do not expand the student capacity beyond the capacity under construction or remodeling; and

(3) Are removed within 30 days of project completion or cessation of work. (Ord. 42-02 § 2 (21A.32.190))

(1) Gross floor area of building additions or new buildings required for the conversion shall not exceed 20 percent of the gross floor area of the historic building, unless allowed by the zone;

(2) Conversions to apartments shall not exceed one dwelling unit for each 3,600 square feet of lot area, unless allowed by the zone; and

(3) Any construction required for the conversion shall require certification of appropriateness from the City of Covington Historian in accord with Chapter 18.47 CMC. (Ord. 42-02 § 2 (21A.32.220))