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See § 14-1005 (Regulation).
This section recognizes that many land uses, buildings, parking areas, lots, signs, non-accessory signs, and site improvements in the City do not conform with the requirements of this Zoning Code either because (a) they were established before the adoption of zoning, or (b) they were legal when established but have become nonconforming due to later zoning amendments. It is the purpose of this section to regulate these nonconformities and to allow for the continued existence, use, modification, and expansion of these uses, buildings, parking areas, lots, signs, and site improvements subject to the limitations set forth in this section.
Six different types of nonconformities exist and are subject to the requirements of this § 14-305 (Nonconformities).
(a) Nonconforming Uses. 274
(b) Nonconforming Structures.
(c) Nonconforming Parking.
(d) Nonconforming Site Improvements.
(e) Nonconforming Lots.
(f) Nonconforming Signs. 275
Notes
| 274 | Amended, Bill No. 120774-A (approved January 14, 2013). |
| 275 | Amended, Bill No. 120774-A (approved January 14, 2013). |
Notwithstanding the provisions of § 14-305(2) (Types of Nonconformities), the following situations are not nonconformities. Properties in these categories are considered to comply with the Zoning Code.
(a) If this Zoning Code is or has been amended to increase minimum off-street parking requirements, or to lower the maximum amount of off-street parking that can be provided, no use in existence prior to those amendments shall be considered a nonconforming use simply because it no longer complies with the revised minimum or maximum parking requirements.
(b) A nonconformity that would not be permitted by this Zoning Code but that has been authorized through a variance or other action of the Zoning Board, or that has been authorized by court order, is not a nonconformity, so long as it complies with the terms of that authorization. This exception applies only to the portion of the property that was expressly approved by Zoning Board action or court order. If, for example, the Zoning Board granted a use variance on a lot that does not comply with applicable lot size requirements, the lot retains its nonconforming status despite the granting of the use variance.
(a) A nonconformity may continue following any amendment to this or any prior Zoning Code that creates a condition in which a use, structure, parking area, site improvement, lot, or sign has been made nonconforming.
(b) Any rights conferred on a nonconformity run with the property. They are not affected by changes in tenancy or ownership.
(c) The operation, expansion, and replacement of a nonconformity shall be subject to the limitations in this § 14-305 (Nonconformities).
(d) The burden of establishing the prior existence of a nonconformity is on the applicant. When applying for any permit or approval relating to a nonconformity, L&I may require the applicant to submit evidence of a prior permit or other documentation showing that the nonconformity existed before the date on which it became nonconforming.
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