21.60.700 Nonconforming structures, sites and uses.
It is expected that much development within the city center will be as a result of renovations and expansions as much as entirely new development, especially in the years before 2015 or 2020. It is not the intent of the city to discourage such development, as new investment should enhance the image and appeal of the city center. However, it is also necessary to ensure that all forms of development contribute positively to the character and quality of the area. The general principle to be applied is that changes to nonconforming conditions should not increase the degree of the nonconformity, but rather move the site and its uses and buildings towards greater conformity. Given the location and configuration of current buildings, application of all design standards may not be possible or practical; however, every effort should be made to comply with such standards for the portions of sites and buildings in proximity to the alterations being made. This section supersedes Chapter 21.12 LMC.
A. Nonconforming Uses. Any prohibited uses legally existing at the time of the adoption of the ordinance codified in this chapter shall be considered “legal nonconforming uses.” Such uses are not permitted to expand. Exterior landscaping, facade improvements, or interior upgrades are permitted.
B. Nonconforming Sites. Throughout the city center, there are many properties where site development existing at the time of the adoption of the ordinance codified in this chapter does not comply with the site design standards and guidelines in this chapter. Certain types of minor changes to existing site development would not trigger compliance with the development standards and design guidelines in this chapter, such as restriping of stalls, and new or altered signage or lighting or renovation of landscaping. Any other site improvements, exterior renovation or expansion of building footprints shall incorporate site design features that bring the site more into compliance with the standards of the city center design guidelines regardless of whether or not the site improvements, renovation, and/or expansion triggers the design review process requirement per LMC 21.60.600.
C. Nonconforming Buildings. Throughout the city center, there are many buildings and other structures existing at the adoption of the ordinance codified in this chapter that do not comply with the building standards and guidelines in this chapter. In keeping with the general principle that changes to nonconforming conditions should not increase the degree of the nonconformity, but rather move the site and its uses and buildings towards greater conformity, the following shall apply:
1. Exterior renovation of buildings and structures shall not increase the degree of nonconformance.
2. All expansion of building footprints or increases in building height shall incorporate standards that bring the building more into compliance with the requirements of this chapter and the city center design guidelines regardless of whether or not the expansion is subject to the design review process requirement per LMC 21.60.600.
3. When practicable, as determined by the development and business services director, the expansion of building footprints shall locate towards the property line of the future street right-of-way as described in Table 21.60.4. Appeals of the development and business services director’s decision shall be processed as a Process II application (LMC 1.35.200).
4. Compliance with standards shall be localized to the area of the building being altered. Particular emphasis shall be given to the provision of pedestrian amenities oriented towards the street. For example, if a building is expanded towards the street, elements such as building design features and transparency, parking lot landscaping and pedestrian connections to the sidewalk are expected to be accomplished.
5. For buildings that are demolished, the replacement structure shall be considered new development.
D. Nonconformance Created by Government Action. Where a lot, tract, or parcel is occupied by a lawful use or structure, and where the acquisition of a portion of the site for the purpose of public right-of-way by exercise of the power of eminent domain or by purchase by the city creates noncompliance of the use, structure or site regarding any requirement of this code, such use or structure shall be deemed lawful and permitted and subject to regulation as a nonconforming use or structure under this section.
E. Alternative Process for Compliance. The development and business services director may approve a plan and design for alteration of a nonconforming site or building that does not fully comply with the requirements of subsections (B) and (C) of this section if the director finds that the alternative plan and design provides overall a greater degree of compliance with the principles of this section (as stated above). Appeals of the development and business services director’s decision shall be processed as a Process II application (LMC 1.35.200). (Ord. 3415 § 60, 2022; Ord. 3399 § 2 (Exh. A), 2021; Ord. 2937 § 12, 2012; Ord. 2554 § 10, 2005)