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This section applies to any lawful structure and/or site occupied by a permitted use existing at the effective date of this title or amendments thereto, which said structure or site would not now be permitted under the regulations of this title for the zone for which building or site is located. Such

structure(s) and/or site is hereby declared a nonconforming structure and/or site and shall not be construed as being in violation of this title, so long as it remains otherwise lawful. “Site,” for purposes of this chapter, means a building site as defined by LMC 21.02.175. For improvements which add no dwelling units or floor area, and the value of which is less than 10 percent of the assessed value or appraised value, whichever is greater, of the building, see LMC 21.12.550(C). All improvements excluding those mentioned in LMC 21.12.550 shall be in accordance with the following provisions.

A. Level 1 Improvements.

1. Scope. This category includes improvements to existing buildings and construction of new buildings within any 36 consecutive months providing:

a. Such improvements do not increase the number of dwelling units on a site; or

b. Such improvements do not increase the total floor area of a building or buildings on a site by more than 15 percent or 2,000 square feet of floor area, whichever is less; or

c. The value of such improvements according to the Lynnwood building official is greater than 10 percent and less than 25 percent of the assessed value or appraised value, whichever is greater, of the building or buildings on the site.

2. Requirements. Level 1 improvements shall be permitted subject to the following provisions:

a. For all multiple-family and nonresidential sites any addition that increases floor area shall not be allowed within the required setback from public streets and from more restrictive zones.

b. For single-family sites, any addition that increases the floor area shall not extend into required yards further than the leading edge of the nonconforming building.

i. In no case shall any addition extend closer than five feet to the property line; and

ii. Along public streets, the addition shall conform to the required setback.

c. Interior remodels or repairs or exterior improvements such as canopies, terraces, roof overhangs or covers over walkways that do not increase the floor area are permitted. Such exterior improvements which extend into required setback yards shall not project beyond the property line; and in no case shall project more than six feet from the subject structure, or extend toward a public street or more restrictive zone more than 50 percent of the required setback.

d. The lot coverage, floor area ratio or height of the existing building and proposed addition may not be further increased beyond the specified lot coverage, floor area ratio or height limitation in the respective zone.

e. At least 90 percent of the current required number of stalls for the site including any additional floor area, shall be provided. Existing stalls and aisles, if paved and striped to at least 90 percent of the current dimensional standards specified in LMC 21.18.700, may be considered as part of the required parking. If the site has fewer than 90 percent of the current required number of stalls, then plans shall provide for installation of sufficient parking equal to at least 90 percent of the current required parking capacity as determined by LMC 21.18.800. All new parking surfaces including previously unpaved parking areas that are being surfaced in connection with a Level 1 alteration as defined herein must be fully landscaped, with curbing or other protection from vehicles and shall conform to current landscape standards for parking areas within the respective zone. The 10-foot street frontage landscape requirement may be reduced to the average width of street frontage landscaping on adjacent private properties. However, in no case may less than five feet be provided on the private property to be developed. Adjacent undeveloped non-single-family-zoned property and adjacent undeveloped or developed single-family-zoned property shall be counted at the full 10 feet for purposes of calculating the average.

f. All required site-screening and fencing shall be provided. However, if the available width, due to the location of an existing building, fire lane, service lane for loading and unloading, or paved parking is less than the required width of the site-screening, the available space must be site-screened by a fence on the property line, and, if possible, within the available area by a hedge or a single row of trees.

B. Level 2 Improvements.

1. Scope. This category includes improvements to existing buildings and construction of new buildings within any 36 consecutive months providing:

a. Such improvements do not increase the number of dwelling units on a site; or

b. Such improvements do not increase the total floor area of a building or buildings on a site by more than 50 percent; or

c. The value of such improvements according to the Lynnwood building official is between 25 percent and 50 percent of the assessed value or appraised value, whichever is greater, of the building or buildings on the site.

2. Requirements. Level 2 improvements shall be permitted subject to the following provisions:

a. For all multiple-family and nonresidential sites, any addition that increases the floor area shall conform to all required setbacks of the respective zone and be structurally independent, i.e., the nonconformity could be removed and the addition could stand on its own and meet all applicable development standards within the respective zone.

b. For single-family sites, any addition that increases the floor area shall not extend into required yards further than the leading edge of the nonconforming building except:

i. In no case shall any addition extend closer than five feet to the property line; and

ii. Along public streets, the addition shall conform to the required setback.

c. Interior and exterior improvements such as canopies, terraces, roof overhangs, or covers over walkways, that do not increase floor area are permitted. Such exterior improvements which extend into required setback yards shall not project more than six feet from the structure; and in no case shall be located any closer to a property boundary than the leading edge of the nonconforming building, or extend toward a public street or more restrictive zone more than 50 percent of the required setback.

d. The lot coverage, floor area ratio (FAR), or height of the existing building and proposed additions may not be further increased beyond the specified lot coverage, floor area ratio, or height limitation in the respective zone.

e. If the site has fewer than 100 percent of the current required number of parking stalls, then plans shall provide for the installation of sufficient parking equal to 100 percent of the current required parking capacity including any additional floor area as determined by LMC 21.18.800; pre-existing stalls, if paved and striped and of aisle and stall width equal to at least 90 percent of the current dimensional standards specified in LMC 21.18.700, may be considered as part of the required parking. All parking surfaces including previously paved and/or unpaved areas shall be fully landscaped and shall conform to current standards for landscaping within parking lots. The 10-foot street frontage landscape requirement may be reduced to the average width of street frontage landscaping on adjacent private properties. However, in no case may less than five feet be provided on the private property to be developed. Adjacent undeveloped non-single-family-zoned property and adjacent undeveloped or developed single-family-zoned property shall be counted at the full 10 feet for purposes of calculating the average.

f. All required site-screening, fencing and refuse and recycling collection areas shall be provided. However, if the available width, due to the location of an existing building, fire lane, service lane for loading and unloading, or paved parking is less than the required width of the site-screening, the available space must be site-screened by a fence on the property line and, if possible, within the available area, by a hedge or a single row of trees.

g. All signs shall conform to the sign regulations of Chapter 21.16 LMC, except those allowed to remain pursuant to state law.

C. Level 3 Improvements.

1. Scope. This category includes improvements to existing buildings and construction of new buildings within any 36 consecutive months providing:

a. Such improvements increase the number of dwelling units on a site; or

b. Such improvements increase the total floor area of a building or buildings on a site by more than 50 percent; or

c. Such improvements have a value according to the Lynnwood building official exceeding 50 percent of the assessed value or appraised value, whichever is greater, of the pre-existing structure or structures on the site.

2. Requirements. Level 3 improvements shall be permitted subject to the following provisions:

a. All improvements, existing structures, accessory buildings, signs, parking facilities, landscaping, site-screening, and storage yards shall conform to required setback and all other development standards for the use within the respective zone and this title. Existing structures in residential zones may remain at present setbacks, but all additions or improvements thereto shall conform to the required setbacks and all other development standards.

b. Compliance with applicable Lynnwood City Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), for improvements to multiple-family, commercial, industrial and other nonresidential buildings and sites that require project design review (Chapter 21.25 LMC).

D. Alternative Method for Bringing Nonconforming Structures or Sites into Compliance.

1. Petition. As a means of bringing a nonconforming site into general compliance with the intent of the zoning ordinance, an applicant may petition under the conditional use procedures to permit an alternate parking and landscaping plan and such permit, if approved, would specify the time period for compliance. Such petition shall be accompanied by a site plan of the entire site, designating the location and size of existing buildings, parking stalls, and landscaped areas. The applicant shall provide documentation of the uses and their respective parking capacity demands. In addition, the applicant shall submit a proposed landscape and parking plan along with a proposed completion schedule.

2. Decision Criteria. In considering the approval, denial or modification of such alternate plan and compliance schedule, the hearing examiner shall consider all factors relevant to the public interest including, but not limited to, the following:

a. Whether or not the plan will adversely impact surrounding parking facilities or traffic flow or traffic circulation on nearby streets.

b. Whether or not the plan provides a reasonable number of available parking stalls without unreasonably reducing the required landscaping areas within parking lots on the site. Such a plan may propose compact stalls or time-sharing cooperative arrangements as a means of maximizing parking. In time-sharing arrangements, the applicant shall document the off-setting parking demand peaks. Street frontage landscaping shall not be relaxed.

c. The plan shall specify a reasonable amount of time to make the necessary improvements. However, such time shall not exceed two years from the date of approval of such petition.

d. A penalty bond equal to the amount of work to be done in the parking lot or completion of the parking lot requirements may be required prior to finalization of any building permit, occupancy permit or other authority to proceed and shall be released only after the work has been completed.

E. Changes of Occupancy. A legally established nonconforming structure or site occupied by a permitted use(s) may be changed to another permitted use(s) subject to the following:

a. Any change of the occupants or tenants which creates a more nonconforming situation in respect to the number of parking stalls, shall be deemed an illegal change of occupancy unless additional parking is provided in accordance with current standards. For the purpose of this section, only existing parking which is paved and striped with aisle and stall dimensions equal to at least 90 percent of those dimensions specified in LMC 21.18.700 shall be counted. All new parking stalls shall conform to the standards specified in LMC 21.18.700 and be fully landscaped.

b. If a change of occupancy occurs on a site with accessory structures which are located within the required setbacks and which were intended or manifestly arranged or designed for the previous use including, but not limited to service station canopies, such accessory structures shall be removed before occupancy of said site. (Ord. 3140 § 2, 2015; Ord. 2388 § 7, 2001; Ord. 2310 § 33, 2000; Ord. 2020 § 7, 1994; Ord. 1911 § 3, 1992; Ord. 1770 §§ 2 – 10, 1990; Ord. 1618 § 6, 1988; Ord. 1431 § 1, 1984; Ord. 1186 § 1, 1981)