21.62.600 Nonconforming structures, sites and uses.
It is expected that existing development and uses will remain in the nodes for a substantial amount of time, even as some properties in the nodes are redeveloped. However, it is necessary to ensure that all forms of development contribute positively to the character and quality of the nodes. Changes to nonconforming conditions shall not increase the degree of 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 zoning regulations and design guidelines 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. Prohibited 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 or to relocate anywhere in either of these zones. Exterior landscaping, facade improvements, or interior upgrades are permitted.
B. Nonconforming Sites. Certain types of minor changes to existing site development would not trigger compliance with the development regulations and design guidelines for this zone, such as restriping of stalls, new or altered signage, lighting or renovation of landscaping. Any other exterior renovation that is subject to project design review approval shall incorporate site design features from the design guidelines that bring the site more into compliance with the guidelines. Compliance should be localized to the area being altered and the incorporated site design features shall be directly proportionate to the value or size of the proposed improvements.
C. Nonconforming Buildings. There are many buildings and other structures existing at the adoption of the ordinance codified in this chapter that do not comply with the zoning regulations and design guidelines for this zone. Expansion of building footprints by 1,000 square feet or more or renovation over 10 percent of the assessed or appraised value of the buildings on site, whichever value is greater, shall trigger compliance with both these regulations and site and building design guidelines. Compliance should be localized to the area of the building being altered and shall be directly proportionate to the value or size of the proposed improvements, whichever is greater. Particular emphasis should be given to the provision of pedestrian amenities oriented towards streets; e.g., 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. (Ord. 2911 § 1, 2011)