A. Where modifications to existing buildings and/or existing land uses are proposed, the Planning Director or designee shall determine whether a proposed development activity constitutes full, partial, or incidental development as described below. The purpose of this determination is to specify the extent to which the development site’s nonconforming conditions shall be remedied.

B. Full development refers to construction or development and/or changes in use or occupancy that warrant compliance with all, or virtually all, applicable development regulations. Compliance with applicable development regulations will eliminate all, or virtually all, nonconforming conditions. Examples of full development include:

C. Partial development refers to construction or development and/or changes in use or occupancy of all or portions of an existing developed site that warrant compliance with those development regulations specifically related to and proportionate to the proposed change. Compliance with applicable development regulations will eliminate nonconforming conditions specifically related to and proportionate to the proposed change. Examples of partial development include:

D. Incidental Development. A minor change to a development site that does not warrant compliance with development regulations not directly related to the proposed change. Examples of incidental development include:

E. As provided by SMC 14.05.050(A), the Planning Director shall interpret and apply the provisions of the Land Use Development Code in a consistent manner. The Planning Director shall employ consistent reasoning and criteria in determining whether a proposed development activity constitutes full, partial, or incidental development. Determinations made by the Planning Director pursuant to this chapter shall be appealable to the hearing examiner as provided by Chapters 14.20 and 14.90 SMC. (Ord. 2338, 2017)

A. Continuation. Any legally established nonconforming use may be continued subject to the provisions of this section; provided, that other than ordinary maintenance and repair, the nonconforming use or building is not changed, enlarged, or extended in a manner which increases or reinforces its degree of nonconformity.

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

C. Change in Tenancy. Change of tenancy, ownership, or management shall not affect legal nonconforming status.

D. Nuisances. Nuisances as defined by state law or City ordinance shall not enjoy legal nonconforming status.

E. Ordinance 1419. No downzone provided for in the areas of the City rezoned by Ordinance 1419 shall be deemed to have the effect of creating a nonconforming use of multifamily dwelling structures, which were permitted uses on March 20, 1979. Permitted multifamily units existing on March 20, 1979, in the areas rezoned by Ordinance 1419, shall continue without any nonconforming use status attaching to those existing uses; provided, that any reconstruction, remodeling or other revision of such multifamily dwelling structures will be subject to the provisions of this title. (Ord. 2338, 2017)

A. Continuation. 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.

B. Improvements. Nonconforming structures may be structurally altered or enlarged only if the setback, height, lot coverage, and open space requirements of the zone in which the structure is located are met, except that repair to the existing structure including ordinary maintenance or replacement of walls, fixtures, or plumbing shall be permitted so long as the exterior dimensions of the structure, as it existed on the effective date of the nonconformance, are not increased.

C. Restoration. A structure that is accidentally destroyed may be fully restored only if the dimensional requirements of Chapter 14.210 SMC are met unless the structure is listed on the list of historic buildings, in which case the structure may be restored and located in its former location despite noncompliance with the dimensional requirements; provided, that: