Ensure reasonable opportunity for use of legally created lots which do not meet current minimum requirements for the district in which they are located.

Ensure reasonable opportunity for use, maintenance and improvement of legally constructed buildings, structures and site development features which do not comply with current minimum requirements for the district in which they are located.

Ensure reasonable opportunity for continuation and limited expansion of legally established uses which do not conform to use regulations for the district in which they are located.

Encourage the eventual replacement of nonconforming uses.

Encourage the eventual upgrading of nonconforming developments which do not comply with current minimum standards for the district in which they are located. Upgrading of nonconforming development standards should be done to the extent physically practicable on the site. Nonconforming development should generally be addressed in the following priority order:

Continuance. Any legally established nonconforming use may be continued as well as expanded as long as any expansion of that use is contained within the parcel or parcels established for that use when that use was considered a legal conforming use. Any expansion of a nonconforming use shall meet the current building and site design standards. Uses that have been continuously in existence since prior to 1974 shall be considered legally established even though they would not be allowed under the current City code. Other uses may be required to present evidence such as a copy of the then applicable zoning regulations and proof that the use existed at the time in question to be considered legally established.

Changes. Nonconforming uses may be changed to other uses that are allowed by this code. Alternatively, an applicant may apply for a Conditional Use Permit using Process 3 to change a nonconforming use to another less nonconforming use if a showing can be made that the new use will have fewer detrimental effects on the surrounding neighborhood and properties than the existing use.

Abandonment. If a nonconforming use is abandoned or discontinued for a period of 12 consecutive months, the nonconforming status of the use is terminated. Any future use of the land or structures shall be in conformity with the provisions of this code. The presence of a structure, equipment, or material shall not constitute the continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use.

Expansion. Except as provided in subsection (A) of this section, a nonconforming use may not be expanded.

Improvements and Expansion. Any structure housing or containing a legally established nonconforming use may be continued, repaired, altered as well as expanded as long as any expansion of that use is contained within the parcel or parcels established for that use when that use was considered a legal conforming use. Any expansion of a nonconforming use shall meet the current building and site design standards.

Restoration. A structure housing or containing a nonconforming use that is accidentally destroyed may be fully restored in its former location despite noncompliance with use or bulk regulations if a Building Permit application is submitted to the Department of Community Development within one year of the destruction.

Continuance. Any legally established nonconforming structure is permitted to remain in the form and location in which it existed on the effective date of the nonconformance. Structures that have been continuously in existence since prior to 1974 shall be considered legally established. Other structures may be required to present evidence such as a copy of the then applicable zoning regulations and proof that the structure existed at the time in question to be considered legally established.

Improvements. Nonconforming structures may be structurally altered, enlarged, repaired or improved only if the degree of nonconformance is not increased and only if all new structural alterations, enlargements, repairs or improvements meet the requirements of this code.

Restoration. A nonconforming structure that is accidentally destroyed may be fully restored in its former location despite noncompliance with the bulk regulations if a Building Permit application is submitted to the Department within one year of the destruction.

Single-family homes built prior to June 2025 in any lot zoned R-18/24 are not considered nonconforming structures.

Continuance. Any legally established nonconforming site is permitted to remain in the form and location in which it existed on the effective date of the nonconformance. Site improvements that have been continuously in existence since prior to 1974 shall be considered legally established. Other site improvements may be required to present evidence such as a copy of the then applicable zoning regulations and proof that the improvements existed at the time in question to be considered legally established.

Improvements.

Restoration. Nonconforming site improvements that are accidentally destroyed may be fully restored in their former location despite noncompliance with the regulations of this code if appropriate permit applications are submitted to the Department within one year of the destruction.

Generally. Except as specified in subsection (B) of this section, any use that was illegal when initiated must immediately be brought into conformance with this code. The City may take enforcement action under this code or any other applicable law to abate illegal uses.

Nonconforming Uses. If a use has ever been in complete conformance with the applicable zoning code even though the use does not comply with the current zoning regulations, the use may continue to exist subject to the provisions of this chapter and it is not subject to abatement under subsection (A) of this section.

Oil Tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended, or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconforming site improvements on the subject property be corrected.

Other Government Regulations. Other than as specified in MVMC § 18.80.070, the Department may, using Process 1, exempt a property or use from any of the requirements of this chapter if: