A nonconforming situation may be a nonconforming residential density, a nonconforming development, or a nonconforming use. A situation may be nonconforming in more than one aspect. For example, a site may contain a nonconforming use and also have some nonconforming development. Nonconforming situations are sometimes created when a new zoning category is applied to a site or when a zoning standards change. As part of the change, existing uses, density, or development might no longer be allowed. The change in zoning standards is not intended to force all nonconforming situations to be immediately brought into conformance. Instead, the intent is to guide future uses and development in a new direction consistent with city policy, and, eventually, bring them into conformance.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 5

1. This chapter provides methods to determine whether nonconforming situations have legal nonconforming status. This is based on whether they were allowed when established, and if they have been maintained over time. This chapter also provides a method to review and limit nonconforming situations when changes to those situations are proposed. The intent is to protect the character and function of the area by reducing the negative impacts from nonconforming situations. At the same time, the standards assure that the situations may continue and that the zoning standards will not cause unnecessary burdens. Nonconforming situations that have a lesser impact on the immediate area have fewer restrictions than those with greater impacts. Nonconforming situations in residential zones are treated more strictly than those in commercial or industrial zones in order to protect the livability and character of residential neighborhoods. In contrast, a nonconforming situation such as a nonconforming residential density in a residential zone is treated more liberally because they do not usually represent a major disruption to the neighborhood and they provide needed housing opportunities in the City.
   
2. Because of the practical necessities of administering the provisions of this chapter respecting nonconforming situations, the owner of such use, in order to claim the privilege of continuation, must have established the existence of the nonconforming use situation by a certificate of occupancy as provided in SMC 17G.010.170.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 5

1. Any nonconforming use which is discontinued for a period of two years and any use which requires a conditional use permit upon expiration of the special permit or conditional use permit loses all rights to continue under this chapter.
    
2. Whenever a matter before the hearing examiner involves a nonconforming use, the examiner, using whatever information is available, determines whether a nonconforming use has been abandoned as provided in subsection (A) of this section.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 5

1. Except as provided for residential household living uses in the industrial zones in subsection (C) of this section, the owner of a nonconforming building is permitted under this chapter to make those repairs and alterations required under chapter 17F.070 SMC; however, when a building, because of damage, destruction, deterioration or other reason, is an unfit building which needs to be demolished under SMC 17F.070.410(B), it may not be restored or reconstructed unless in full compliance with the requirements for the zone under this chapter. In order to reinstate nonconforming rights under this chapter to a building which has been damaged or partially destroyed to an extent less than sixty percent of its value (as provided in SMC 17F.070.410(B)), the owner must cause restoration to begin within one year, or show evidence of insurance claim, after the damage or the destruction and must continue to make substantial progress as required by the building permit.
   
2. The existence of a nonconforming use within a conforming building does not permit alteration or repair of the building which causes the building to not conform.
   
3. In the industrial zoning categories, the owner of a building containing a nonconforming residential household living use is permitted under this chapter to make those repairs and alterations required under chapter 17F.070 SMC. When a residential building, because of damage, destruction, deterioration or other reason, is an unfit building which needs to be demolished under SMC 17F.070.410(B), it may be restored or reconstructed subject to compliance with the development standards of the zone in which the site is located. In order to reinstate nonconforming rights under this chapter to a building which has been damaged, destroyed or partially destroyed (as provided in SMC 17F.070.410(B)), the owner must cause restoration to begin within one year, or show evidence of insurance claim, after the damage or the destruction and must continue to make substantial progress as required by the building permit.
   
4. In order to make uniform policy regarding nonconforming multifamily residential buildings, all duplexes and other multifamily buildings existing in the R1 and R2 zones may be rebuilt in the event of damage or destruction over sixty percent as long as the number of units are not increased and the building conforms to the underlying zoning development standards.

Date Passed: Monday, April 25, 2011

Effective Date: Friday, June 3, 2011

ORD C34717 Section 18

1. A person may not enlarge or expand a nonconforming use onto another lot, except as provided in this section.
    
2. A nonconforming use in a CC-2, Downtown, CB, GC, or less restrictive zone may be enlarged onto land in the same ownership which is partly occupied by the nonconforming use and which is in a CC-2, Downtown, CB, GC, or less restrictive zone. A nonconforming use in a GC, C or industrial zone, except a use restricted to the HI zone, may be enlarged onto any adjoining lot in a GC, CB or LI zone.
    
3. Enlargement of a nonconforming office in an RMF or RHD zone may be made upon any site which is located in the RMF or RHD zone and held under one ownership and partially occupied by the office use at the time of passage of the ordinance which classified the office use as nonconforming.
    
4. Every enlargement and expansion of a nonconforming use must comply with the requirements for the zone in which located.

Date Passed: Monday, December 14, 2009

Effective Date: Wednesday, January 27, 2010

Ordinance C34530 Section 16

1. A person may not change the use of a nonconforming use unless the change is to a conforming use, except as provided in this section.

2. In the residential, O, OR, NR, and NMU zones, a nonconforming use may, by conditional use permit from the Hearing Examiner, be changed to an equal or more compatible use so long as no new building, enlargement, or extensive alteration is involved.

3. In the CC-2, Downtown, CB, or GC and less restrictive zones, a nonconforming use may be changed to any use permitted in the zone wherein the nonconforming use is first permitted, except there can be no conversion to a use confined to the HI zone.

4. As an alternative to demolition and removal as required by this chapter, a building having a floor area, exclusive of any basement, in excess of one thousand five hundred feet and located in an R1 or R2 zone may be converted, by conditional use permit from the Hearing Examiner, to a multifamily residence complying with the RMF zone lot area requirements if the Hearing Examiner finds the conversion will promote the purposes of this chapter and will not perpetuate any unduly detrimental condition.

1. 1. The work of conversion under this subsection must be commenced within one year and completed within two years or the Director of Development Services will cause demolition and removal.

1. 2. When the nonconforming building is of such construction as prevents its being moved or altered without major structural damage or substantial reduction of its usefulness, the Hearing Examiner may grant with the conditional use permit such lot area, building coverage, height or yard variances as necessary to allow conversion in a practical fashion and minimize the effect of the nonconforming use on the surrounding area.

Date Passed: Monday, October 20, 2025

Effective Date: Friday, November 28, 2025

ORD C36753 Section 19

1. Upon expiration of the nonconforming rights of a nonconforming use (because of discontinuance or expiration of conditional use permit, under SMC 17C.210.030, or because of substantial destruction under SMC 17C.210.040) the owner is required to convert it to a conforming use, or completely remove it, along with all structures, fences and signs, and clear the site as specified by the required demolition permit and the building code.

2. Upon expiration of the nonconforming rights of a use of open land, the owner is required to remove all material and equipment employed in the nonconforming use.

3. Removal of nonconforming uses must be commenced within one year and completed within two years after the Director of Development Services gives written notice to the owner of the property to terminate the unlawful use.

Date Passed: Monday, October 20, 2025

Effective Date: Friday, November 28, 2025

ORD C36753 Section 20

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.

1. 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.

2. Nonconforming Residential Uses.

1. 1. General.

A nonconforming residential building may not be expanded to create additional dwelling units.

1. 2. 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.

1. 3. 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.

3. 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.

4. Nonconforming Industrial Uses.

1. 1. 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.

1. 2. 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.

5. 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

1. The intent of this section is to allow retention of uses rendered nonconforming solely as a result of the adoption of chapters 17C.180 and 17C.182 SMC and associated changes to the official zoning map and to permit continued investment and upgrades to existing buildings and sites made nonconforming solely as a result of the adoption of said zoning standards. In the event of an inconsistency between this section and chapter 17C.210 SMC as a whole, this section shall control.

2. A nonconforming structure in the clear zone or ACZ-1 shall not be expanded in height or bulk. When a non-conforming structure in the clear zone or ACZ-1, because of damage, destruction, deterioration, or other reason, is determined to be unfit and needs to be demolished under SMC 17F.070.410, it may not be restored or reconstructed unless in full compliance with the requirements for the zone under this chapter. In cases where a structure in the clear zone or ACZ-1 has been damaged or partially destroyed to an extent less than sixty percent of its value, the structure may be rebuilt to the same square footage and occupancy if the owner causes restoration to begin within one year after the damage or the destruction and continues to make substantial progress as required by the building permit.

3. The following provisions refer to the use categories defined by SMC 17C.180.070 and SMC 17C.182.420:

1. 1. Nonconforming residential uses may be rebuilt if destroyed or damaged. No additional dwelling units may be added. Buildings housing nonconforming residential uses or accessory buildings may be expanded within the same parcel subject to the standards of the underlying zoning. No additional dwelling units (including accessory dwelling units) may be added.

1. 2. Nonconforming high-intensity and vulnerable occupant uses shall not be expanded in such a way as to cause the building code occupancy to increase. Nonconforming high intensity and vulnerable occupant uses may be rebuilt to the same square footage and occupancy if damaged or destroyed.

1. 3. Nonconforming critical community infrastructure may be rebuilt if destroyed or damaged. Facilities may be expanded or improved on the same parcel to the extent that new capacity is not added.

1. 4. When a building containing a hazardous use, because of damage, destruction, deterioration, or other reason, is an unfit building which needs to be demolished under SMC 17F.070.410, it may not be restored or reconstructed unless in full compliance with the requirements for the zone under this chapter. In cases where a building containing a hazardous use has been damaged or partially destroyed to an extent less than sixty percent of its value, the building may be rebuilt to the same square footage and use if the owner causes restoration to begin within one year after the damage or the destruction and continues to make substantial progress as required by the building permit.

1. 5. Facilities housing a non-conforming hazardous use may be expanded or improved so long as the hazardous nature of the use is not increased.

4. Any building intended for human occupation located in the airfield noise zone that is allowed to be rebuilt as the result of this section shall be designed to achieve an interior noise level not exceeding forty-five decibels.

5. Vacant spaces in commercial buildings permitted prior to the adoption of the Airfield and Fairchild overlay zones may be leased to and/or occupied by any use permitted by both the overlay zones and underlying zoning without occupancy limitation. Any expansion of existing buildings must comply with the overlay zone and occupancy limitations.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 7

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.

2. Continued Operation.

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

3. 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.

4. 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.

5. 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. 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. 2. Standards Which Must Be Met.

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

1. 1. 1. Landscape improvements for surface parking and exterior development areas.

1. 1. 2. Sidewalks and other pedestrian circulation systems, as required in the base zone standards.

1. 1. 3. 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. 1. 4. Interior parking lot landscaping.

1. 1. 5. Landscaping in building setbacks.

1. 1. 6. Minimum landscaped area (where land is not used for structures, parking or exterior improvements).

1. 1. 7. Screening; and

1. 1. 8. Paving of surface parking and exterior storage and display areas.

6. 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

1. An adult business that does not meet the standards set forth in SMC 17C.305.020(A) through SMC 17C.305.020(C) is a nonconforming adult business use. A nonconforming adult business use may continue to operate for thirty-six months following the effective date of this section in order to make a reasonable recoupment of its investment in its current location, but only if the nonconforming adult business use was lawfully existing in all respects under law prior to the effective date of this section SMC 17C.210.100. At the conclusion of the thirty-six months, such nonconforming adult business use shall be unlawful, unless the nonconforming adult business use applies for and obtains an extension of the thirty-six-month period by clearly demonstrating an extreme economic hardship (“hardship extension”) based upon an irreversible financial investment or commitment made in an arms-length transaction completed prior to the date this section became effective. A demonstration of extreme economic hardship requires the business to show that the subject property cannot be put to any reasonable alternative use. An application for a hardship extension shall be made at least sixty days before the conclusion of the aforementioned thirty-six-month period.

2. Procedure for seeking hardship extension. An application for a hardship extension shall be filed in writing with the planning and economic development services director, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation, and costs of relocation. Within ten days after receiving the application, the planning and economic development services director shall forward the application and attendant materials to the hearing examiner, and shall schedule a public hearing on the application before the hearing examiner, which public hearing shall be conducted within thirty days after the planning and economic development services director’s receipt of the application. Notice of the time and place of such public hearing shall be published at least ten days before the hearing in a newspaper of general circulation published within the city, and shall identify the particular location for which the hardship extension is requested. The planning and economic development services director may respond in writing to the application, provided that said response is submitted to the hearing examiner at least five days before the hearing. At the hearing, the parties shall have the opportunity to present all relevant arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the other party’s witnesses. The formal rules of evidence shall not apply. The hearing shall take no longer than two days, unless extended at the request of the applicant to meet the requirements of due process and proper administration of justice.

3. The hearing examiner shall issue a written decision within ten days after the public hearing on the application for a hardship extension. The hardship extension shall be granted only upon the hearing examiner’s determination that the applicant has made the required showing of an extreme economic hardship as required in subsection (A) above, and shall be limited in duration to the shortest time necessary to make a reasonable, though not necessarily complete, recoupment of investment.

Date Passed: Monday, August 25, 2014

Effective Date: Thursday, October 2, 2014

ORD C35136 Section 1