Chapter 19.30 NONCONFORMANCE

Chapter 19.30
NONCONFORMANCE¹

Sections:

19.30.010 Purpose and intent.

19.30.020 Administration.

19.30.030 When conformance is required.

19.30.040 Regulations applicable to nonconforming use.

19.30.050 Abatement of nonconformance that was illegal when initiated.

19.30.060 Immediate compliance with certain provisions required.

19.30.070 Certain nonconformances specifically regulated – Generally.

19.30.080 Nonconforming use.

19.30.090 Nonconforming development.

19.30.100 Nonconforming signs.

19.30.110 When public improvements must be installed.

19.30.120 Nonconforming water quality improvements.

19.30.130 Special provisions for residential uses.

19.30.140 Nonconforming accessory dwelling units.

19.30.150 Nonconforming adult entertainment, activity, retail, or use.

19.30.155 Nonconforming outdoor storage containers.

19.30.160 Special provisions for compliance with government regulations.

19.30.170 Special provisions for critical aquifer recharge areas and wellhead protection areas.

19.30.180 Prohibition on increasing nonconformance.

19.30.190 Applicability of building codes.

19.30.200 Special provision for damaged improvements.

19.30.210 Appeals.

19.30.010 Purpose and intent.

The purpose of this chapter is to allow for the continuance and maintenance of legally established nonconforming uses and structures, and to provide standards delineating the circumstances in which nonconforming uses and structures must be brought into conformance with the standards and provisions prescribed within this title. In particular, the intent of this chapter is to:

(1) Ensure a reasonable opportunity for use of legally created lots which do not meet current minimum code requirements for the zoning district in which they are located.

(2) Ensure a reasonable opportunity for use, maintenance and minor improvement of legally constructed buildings, structures and site development features, encourage a reasonable opportunity for a change of tenants using such buildings, structures, or features, even where those buildings, structures and features do not comply with development regulations prescribed by this title, and provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction.

(3) Ensure a reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the zoning district in which they are located.

(4) Encourage the replacement of nonconforming uses having potentially undesirable impacts on conforming uses.

(5) Encourage the upgrading of nonconforming buildings, structures and site development features which do not comply with development regulations prescribed by this title.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97. Code 2001 § 22-325.)

19.30.020 Administration.

This chapter establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this title. The provisions of this chapter should be used only if there is some aspect of the use or development on the subject property that is not permitted under this title.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.05), 6-16-92; Ord. No. 92-135, § 3(165.05), 4-21-92; Ord. No. 91-113, § 4(165.05), 12-3-91; Ord. No. 90-43, § 2(165.05), 2-27-90. Code 2001 § 22-326.)

19.30.030 When conformance is required.

If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning title in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect, element, activity or use may continue and need not be brought into conformance with this title unless a provision of this chapter requires conformance.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.10), 6-16-92; Ord. No. 92-135, § 3(165.10), 4-21-92; Ord. No. 91-113, § 4(165.10), 12-3-91; Ord. No. 90-43, § 2(165.10), 2-27-90. Code 2001 § 22-327.)

19.30.040 Regulations applicable to nonconforming use.

If a use is nonconforming in the zone in which it is located, this title does not establish applicable dimensional or other regulations. If the use is a legal nonconforming use, the city will, in order to identify applicable regulations, determine the zone that allows the uses most similar to the nonconforming use and apply the development regulations of that zone. If the use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located, the city shall determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.15), 6-16-92; Ord. No. 92-135, § 3(165.15), 4-21-92; Ord. No. 91-113, § 4(165.15), 12-3-91; Ord. No. 90-43, § 2(165.15), 2-27-90. Code 2001 § 22-328.)

19.30.050 Abatement of nonconformance that was illegal when initiated.

(1) Generally. Except as specified in subsection (2) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this chapter. The city may, using the provisions of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated.

(2) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this chapter, and it is not subject to abatement under subsection (1) of this section.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.20), 6-16-92; Ord. No. 92-135, § 3(165.20), 4-21-92; Ord. No. 91-113, § 4(165.20), 12-3-91; Ord. No. 90-43, § 2(165.20), 2-27-90. Code 2001 § 22-329.)

19.30.060 Immediate compliance with certain provisions required.

(1) Generally. Regardless of any other provision of this chapter, the following nonconformances must be immediately brought into conformance with the applicable regulations:

(a) Nonconformance that constitutes a public nuisance under FWRC Title 7;

(b) Nonconformance with the lighting standards in FWRC 19.105.030;

(c) Nonconformance with the standards in the International Fire Code, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials;

(d) Nonconformance with the provisions in Chapter 19.125 FWRC, Articles III and IV, and Chapter 19.130 FWRC, Articles V through VII, regarding parking and storage of large vehicles in residential zones;

(e) Nonconformance with the provisions in Chapter 19.140 FWRC regarding portable outdoor signs;

(f) Nonconformance with the provisions in Chapter 19.140 FWRC regarding location of signs extending over rights-of-way.

(2) Abatement. The city may, using any of the provisions of this Code or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (1) of this section.

(Ord. No. 09-596, § 22, 1-6-09; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 91-113, § 4(165.25), 12-3-91; Ord. No. 90-43, § 2(165.25), 2-27-90. Code 2001 § 22-330.)

Cross references: Water quality, Chapter 16.45 FWRC; parking and storage of outdoor equipment, FWRC 19.125.170.

19.30.070 Certain nonconformances specifically regulated – Generally.

(1) FWRC 19.30.080 through 19.30.110 specify when and under what circumstances certain nonconformances must be corrected. If a nonconformance must be corrected under this section, the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the correction. In addition, the city will not issue a certificate of zoning compliance or permit occupancy until the correction is made.

(2) If FWRC 19.30.060 applies to a specific nonconformance, the provisions of this section do not apply to that same nonconformance.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.35(1)), 6-16-92; Ord. No. 92-135, § 3(165.35(1)), 4-21-92; Ord. No. 91-113, § 4(165.35(1)), 12-3-91; Ord. No. 90-43, § 2(165.35(1)), 2-27-90. Code 2001 § 22-331.)

19.30.080 Nonconforming use.

(1) Any nonconforming use must be terminated if:

(a) The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconforming use;

(b) Other than as specified in subsection (1)(a) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any one consecutive 12-month period to any structure that houses or supports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The appraisal must be from a state-certified real estate appraiser.

(2) Subsections (1)(a) and (b) of this section do not apply to expansions or alterations to a structure that houses or supports a nonconforming use when the purpose is to establish, expand, or alter a conforming use.

(Ord. No. 10-652, § 6, 4-6-10; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144,

§ 3(165.35(2)), 6-16-92; Ord. No. 92-135, § 3(165.35(2)), 4-21-92; Ord. No. 91-113, § 4(165.35(2)), 12-3-91; Ord. No. 90-43, § 2(165.35(2)), 2-27-90. Code 2001 § 22-332.)

Cross reference: Building code standards, Chapter 13.15 FWRC.

19.30.090 Nonconforming development.

(1) If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this title, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below.

(a) Change of use – Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site.

(b) Change of use – Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed.

(c) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in any one of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below:

(i) If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or

(ii) If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or

(iii) If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single-family structure is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC).

(iv) If the increase in gross floor area involves an existing single-story building in the city center that is nonconforming as to the ground floor size limits established in Chapter 19.225 FWRC, the existing building footprint shall not be enlarged, except the director may approve minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 square feet per building in any one consecutive 12-month period, and shall not increase the extent of any other nonconformance.

(d) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned, the applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site.

(e) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development.

(f) The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted in subsection (1)(c)(iv) of this section, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. The appraisal must be from a state-certified real estate appraiser. In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to this section (nonconforming development), FWRC 19.30.110 (when public improvements must be installed), 19.30.120 (nonconforming water quality improvements) and 19.135.030 (when public improvements must be installed) shall not be counted towards the 50 percent threshold which would trigger application of this subsection.

(2) This section does not govern application of Chapter 19.115 FWRC, Community Design Guidelines; application of Chapter 19.115 FWRC is governed by FWRC 19.115.010 through 19.115.100, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those development regulations is governed by FWRC 19.30.100, 19.30.110, 19.30.120 and 19.135.020, all as amended.

(Ord. No. 10-652, § 7, 4-6-10; Ord. No. 06-515, § 3, 2-07-06; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 02-420, § 3, 7-2-02; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord. No. 92-135, § 3(165.35(4)), 4-21-92; Ord. No. 91-113, § 4(165.35(4)), 12-3-91; Ord. No. 90-43, § 2(165.35(4)), 2-27-90. Code 2001 § 22-334.)

Cross references: Off-street parking regulations, Chapter 19.130 FWRC; zoning district regulations, FWRC Title 19, Division VI; planned unit developments, Chapter 19.250 FWRC.

19.30.100 Nonconforming signs.

(1) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section.

(2) Definitions. A “nonconforming sign” means any sign as defined by FWRC 19.05.190 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC.

(3) Legal nonconformance.

(a) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements:

(i) The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or

(ii) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code.

(b) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section.

(c) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWRC 19.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city.

(4) Notice of determination.

(a) Required. After the city conducts a sign inventory, the city shall analyze whether each sign complies with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign conforms to this title, it shall be issued a registration sticker. If a sign is determined to be legally nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection (5) of this section. Signs that do not comply with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city.

(b) Necessary information. The information associated with a sign and its sign inventory number shall consist of the name and address of the sign user, the sign owner, and the owner of the property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other pertinent information as the director may require to ensure compliance with the Code, which may include proof of the date of installation of the sign.

(5) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period.

(6) Extension or exemption from amortization period.

(a) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (5) of this section following expiration of the amortization period.

(b) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement.

(c) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (5) of this section may apply for a sign amortization extension or exemption.

(d) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria:

(i) The sign is compatible with the architectural design of structures on the subject property;

(ii) The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, “substantial compliance” means that the height of the sign is within 10 percent of the sign height required by Chapter 19.140 FWRC and that the sign area of the sign is within 20 percent of the sign area required by Chapter 19.140 FWRC. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties;

(iii) The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant;

(iv) The sign complies with the city’s minimum sign distance at intersection requirements pursuant to FWRC 19.135.300 et seq.;

(v) If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible;

(vi) It is consistent with the city’s comprehensive plan; and

(vii) It is consistent with the public health, safety and welfare.

(e) Applicable procedure. Except as otherwise provided by this subsection (6), the city will process an application for a sign amortization exemption or extension through process I of this Code.

(7) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this title, and a new permit secured therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs:

(a) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated.

(b) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period, to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor.

(c) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days.

(d) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant’s identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign’s legal nonconforming sign designation.

(e) Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030.

(f) Change in tenant. There has been a change in tenant or business on the subject property.

In connection with any multi-use or multi-tenant complex, the foregoing events which require that a legal nonconforming sign be either removed or brought into conformance with this Code shall apply only to the individual owner’s or tenant’s building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant’s name.

(g) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter.

(8) Historic signs. Nonconforming on-site historical signs may be retained through process IV of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria:

(a) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority;

(b) The subject sign or signs are substantially unchanged or unaltered since initial installation;

(c) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and

(d) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare.

(9) Government acquisition of property for right-of-way.

(a) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (9)(c) of this section.

(b) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria:

(i) The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant;

(ii) The sign is not prohibited by FWRC 19.140.130 and, except for location within a required setback, complies with all other requirements of Chapter 19.140 FWRC;

(iii) The sign complies with the city’s minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; and

(iv) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare.

(c) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (9)(a) and (b) of this section shall be immediately removed or modified to conform to all the provisions of this title, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs:

(i) The applicant is making any changes, alterations, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign’s legal nonconforming sign designation; except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10-year amortization period so long as all of the following conditions are met: (A) the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local, state, or federal government; (B) the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (C) the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this title; (D) the owner of the sign applies for a permit to relocate the sign within six months of the date the consent decree or settlement agreement was filed; and (E) the owner makes no changes to the sign that increase the nonconformance of the sign; or

(ii) The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in any one consecutive 12-month period, exceeds 75 percent of the assessed or appraised value of that structure or improvement. The appraisal must be from a state-certified real estate appraiser. For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsection.

(d) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW.

(Ord. No. 10-652, § 8, 4-6-10; Ord. No. 09-595, § 9, 1-6-09; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 01-398, § 1, 7-17-01; Ord. No. 99-357, § 4, 12-7-99; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 92-144, § 3(165.35(5)), 6-16-92; Ord. No. 92-135, § 3(165.35(5)), 4-21-92; Ord. No. 91-113, § 4(165.35(5)), 12-3-91; Ord. No. 90-43, § 2(165.35(5)), 2-27-90. Code 2001 § 22-335.)

Cross reference: Sign regulations, Chapter 19.140 FWRC.

19.30.110 When public improvements must be installed.

Any applicant for a development permit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Chapter 19.135 FWRC, as provided in FWRC 19.135.030, as amended.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 90-43, § 2(110.20), 2-27-90. Code 2001 § 22-336.)

Cross references: Streets and sidewalks, FWRC Title 4, Division II; drainage program, FWRC Title 16; subdivision required improvements, Chapter 18.60 FWRC.

19.30.120 Nonconforming water quality improvements.

This section sets forth the standards when and under what circumstances a structure, improvement, development, or property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance with the development regulations in FWRC Title 16 pertaining to water quality.

(1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or property must bring that structure, improvement, development or property into compliance with the development regulations in FWRC Title 16 pertaining to water quality, where the proposed redevelopment meets or exceeds the thresholds set forth below. For the purposes of this section, “redevelop” or “redevelopment” means, on an already developed site: the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city’s surface water systems; or land disturbing activities associated with impervious redevelopment.

(a) Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more;

(b) Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more;

(c) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity;

(d) Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more;

(e) Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the public works director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application;

(f) Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, “new pollutant(s)” means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use;

(g) Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The appraisal must be from state-certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection;

(h) Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the public works director prior to submission of a redevelopment application determined to trigger application of this subsection, where the public works director determines that the redevelopment requires additional specific controls to address the documented water quality problem.

(2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the public works director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections.

(a) Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule:


% of Redevelopment	% of Water Quality Improvements
0 – 24	25
25 – 49	50
>50	100

Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that:

(i) Have a term equal to the construction schedule proposed in the plan; and

(ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended.

(b) Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment.

(c) Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property. The appraisal must be from a state-certified real estate appraiser.

(d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan.

(3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F (City Core – Frame) or CC-C (City Core – Center) may construct water quality facilities required by this section below grade.

(Ord. No. 10-652, §§ 9, 10, 4-6-10; Ord. No. 09-595, § 8, 1-6-09; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.35), 6-16-92; Ord. No. 92-135, § 3(165.35), 4-21-92; Ord. No. 91-113, § 4(165.35), 12-3-91; Ord. No. 90-43, § 2(165.35), 2-27-90. Code 2001 § 22-337.)

Cross reference: Surface and stormwater management, FWRC Title 16.

19.30.130 Special provisions for residential uses.

If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this title, the following regulations apply:

(1) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit.

(2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The appraisal must be from a state-certified real estate appraiser. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC).

(3) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations, adding improvements or doing other work other than normal maintenance, in any 36-month period, on the subject property containing a single-family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single-family detached dwelling located in the RS 7.2 zone (FWRC 19.200.010). The appraisal must be from a state-certified real estate appraiser. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC).

(Ord. No. 10-652, §§ 11, 12, 4-6-10; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 02-419, § 3, 7-2-02; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.45), 6-16-92; Ord. No. 92-135, § 3(165.45), 4-21-92; Ord. No. 91-113, § 4(165.45), 12-3-91; Ord. No. 90-43, § 2(165.45), 2-27-90. Formerly 22-339. Code 2001 § 22-338.)

Cross reference: District regulations, FWRC Title 19, Division VI.

19.30.140 Nonconforming accessory dwelling units.

(1) Eligibility. Any nonconforming accessory dwelling unit (“ADU”) located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter, which does not conform to FWRC 19.195.180, 19.200.180, 19.265.020 or any other provisions of this Code, is eligible for designation as a legal nonconforming ADU provided it meets the following requirements:

(a) The ADU was covered by a permit on the date of adoption of this Code, if one was required under applicable law; or

(b) If no permit was required under applicable law, the ADU was in compliance with applicable law on the date of adoption of this Code.

(2) Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this title.

(3) Loss of legal nonconforming ADU status. All nonconforming ADUs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur:

(a) Increase in square footage. The applicant is increasing the gross floor area of any ADU;

(b) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any ADU and the fair market value of such changes, alterations or other work exceeds 50 percent of the assessed value of that ADU as determined by the King County assessor;

(c) Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days; or

(d) Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 95-245, § 3(E), 12-5-95. Code 2001 § 22-338.1.)

19.30.150 Nonconforming adult entertainment, activity, retail, or use.

Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this Code, which are either made nonconforming by this Code or which are existing nonconforming uses shall be terminated within one year; provided, however, that such termination date may be extended upon the approval of an application filed with the city’s community development director within 120 days of the effective date of this Code provision requesting an extension to such one-year amortization period. The director’s decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1, 1999, which precludes reasonable alternative uses of the subject property.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 99-347, § 3, 8-3-99. Code 2001 § 22-338.2.)

19.30.155 Nonconforming outdoor storage containers.

(1) Eligibility. Any outdoor storage container located within the city limits on the date of adoption of this Code, February 28, 1990, located in areas annexed to the city thereafter on the date of annexation, or approved by the city after February 28, 1990, and before the effective date of the ordinance codified in this section regulating outdoor storage containers, which does not conform to FWRC 19.125.180 or 19.275.110, or any other applicable provisions of this Code, is eligible for designation as a legal nonconforming outdoor storage container provided it meets the following requirements:

(a) The outdoor storage container was established pursuant to a permit and is in compliance with any permit requirements, if one was required under applicable law; or

(b) If no permit was required under applicable law, the outdoor storage container was in compliance with applicable law.

(2) Allowed. All legal nonconforming outdoor storage containers are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter.

(3) Loss of legal nonconforming status. All nonconforming outdoor storage containers shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur:

(a) Increase in gross floor area. The applicant is increasing the gross floor area of the principal use on the subject property whereon the container is located;

(b) Other alterations. The applicant is making any change, alteration, or performing work other than normal maintenance or other than tenant improvements, to the improvements on the subject property in any 12-month period and the fair market value of such changes, alterations, or other work exceeds 50 percent of the assessed value of the development as determined by the King County assessor;

(d) Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-338.3.)

19.30.160 Special provisions for compliance with government regulations.

(1) Oil tanks. Any excavation, development activity or construction performed to comply with the “Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules” (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected.

(2) Governmental acquisition of property for right-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, if the nonconformance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements:

(a) The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater;

(b) The applicant is making any alterations or changes or doing any work, other than tenant improvements, and the fair market value of the alteration, change or other work, in any one consecutive 12-month period, does not exceed 75 percent of the assessed or appraised value of the improvement. The appraisal must be from a state-certified real estate appraiser. For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsection; and

(3) Other government regulations. Other than as specified in subsection (1) of this section, the city may, using process IV, exempt a property or use from any of the requirements of this chapter if:

(a) The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation;

(b) The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and

(c) The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance.

(Ord. No. 10-652, § 13, 4-6-10; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 01-398, § 2, 7-17-01; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 92-135, § 3(165.50), 4-21-92; Ord. No. 91-113, § 4(165.50), 12-3-91; Ord. No. 90-43, § 2(165.50), 2-27-90. Formerly 22-340. Code 2001 § 22-339.)

19.30.170 Special provisions for critical aquifer recharge areas and wellhead protection areas.

The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter which do not conflict with the provisions of this section are unaffected by this section. This section applies to any development activity which requires review under FWRC Title 14, Environmental Policy, and Title 15, Shoreline Management.

If a nonconformance must be corrected to comply with Chapter 19.185 FWRC, the applicant must, as part of the application for the development permit, submit all information that the city reasonably needs to review the correction. In addition, the city will not issue a land use approval or building permit until the correction is made.

(1) A nonconforming use as defined in FWRC 19.185.040 may be continued unless the thresholds of FWRC 19.30.080 are reached, in which case it shall be terminated.

(2) Regardless of the thresholds in FWRC 19.30.090, any use, applying for a development permit within Wellhead Capture Zones 1, 2, or 3, must be brought into compliance with the performance standards specified in FWRC 19.185.060.

(Ord. No. 04-468, § 3, 11-16-04. Formerly 22-341. Code 2001 § 22-340.)

19.30.180 Prohibition on increasing nonconformance.

No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater, except as specifically permitted in this chapter.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.55), 6-16-92; Ord. No. 92-135, § 3(165.55), 4-21-92; Ord. No. 91-113, § 4(165.55), 12-3-91; Ord. No. 90-43, § 2(165.55), 2-27-90. Formerly 22-342. Code 2001 § 22-341.)

19.30.190 Applicability of building codes.

Nothing in this chapter in any way supersedes or relieves the applicant from compliance with the requirements of the city’s building codes, the International Building Code, the International Fire Code, and other construction-related codes as adopted and amended from time to time by the city.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.60), 6-16-92; Ord. No. 92-135, § 3(165.60), 4-21-92; Ord. No. 91-113, § 4(165.60), 12-3-91; Ord. No. 90-43, § 2(165.60), 2-27-90. Formerly 22-343. Code 2001 § 22-342.)

Cross reference: Buildings and building regulations, FWRC Title 13.

19.30.200 Special provision for damaged improvements.

If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise:

(1) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage; except that no cost limit applies to the reconstruction of damaged improvements in the city center core and frame, and the director may require minor upgrades to the rebuilt improvements that are intended to achieve a greater level of compliance with the site and design guidelines in this title; and provided, that the upgrades are reasonably related to the improvement(s) and proportional to the reconstruction costs. The appraisal must be from a state-certified real estate appraiser.

(2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage.

(3) The applicant applies for building and any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits.

(Ord. No. 10-652, § 14, 4-6-10; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.30), 6-16-92; Ord. No. 92-135, § 3(165.30), 4-21-92; Ord. No. 91-113, § 4(165.30), 12-3-91; Ord. No. 90-43, § 2(165.30), 2-27-90. Code 2001 § 22-343.)

Cross references: Appeals (concerning appeal of process II decision), FWRC 19.60.080.

19.30.210 Appeals.

Notwithstanding any other provision in this title, a decision of the director or the hearing examiner with respect to the application of any provision of this chapter shall be appealable as part of, and under the process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying application or project for which city approval is sought.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(7), 2-27-90. Code 2001 § 22-344.)

Cross references: Effective date of the zoning regulations and requirements, FWRC 19.05.320; district regulations, FWRC Title 19, Division VI; supplementary district regulations, FWRC Title 19, Division VII.