21.61.600 Nonconforming uses and structures.
It is expected that much development within the ACC zone will be as a result of renovations and expansions as much as entirely new development. It is not the intent of the city to discourage such development, as new investment should enhance the image and appeal of the ACC. 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, repair/maintenance or interior upgrades are permitted.
B. Nonconforming Sites. Throughout the ACC zone, 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 parking stalls, and new or altered signage (see Chapter 21.16 LMC) 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 transition area design guidelines, regardless of whether or not the site improvements, renovation and/or expansion is subject to the design review requirements per LMC 21.61.300.
C. Nonconforming Buildings. Throughout the ACC zone, there are buildings and other structures existing at the adoption of the ordinance codified in this chapter that do not comply with the regulations in this chapter and transition area design guidelines. Expansion of building footprints or increases in building height of such structures shall incorporate standards that bring the site and building more into compliance with the requirements of this chapter and the ACC zone design guidelines. Compliance shall be localized to the area of the building being altered. Particular emphasis should be given to the provision of pedestrian amenities oriented towards the streets. For example, if a building is expanded towards the street, elements such as parking lot landscaping and pedestrian connections to the sidewalk are expected to be accomplished.
D. 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 principle 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. 3399 § 2 (Exh. A), 2021; Ord. 3077 § 2 (Exh. A), 2014)