4-10-060 NONCONFORMING USES:
Any legally established use existing at the time of enactment of this Code may be continued, although such use does not conform with the provisions of the Renton Municipal Code, provided the following conditions are met:
A. ABANDONMENT:
The use is not abandoned. A legal nonconforming use (of a building or premises) which has been abandoned shall not thereafter be resumed. A nonconforming use shall be considered abandoned when:
1. The intent of the owner to discontinue the use is apparent, and discontinuance for a period of one year or more shall be prima facie evidence that the nonconforming use has been abandoned; or
2. It has been replaced by a conforming use; or
3. It has been changed to another nonconforming use under permit from the City or its authorized representative.
B. RELOCATION:
The use is not relocated. A legal nonconforming use of a building or premises which has been vacated and moved to another location, or discontinued, shall not be allowed to reestablish itself except in compliance with the development regulations.
C. CHANGES TO A DIFFERENT NONCONFORMING USE:
The use is not changed to a different nonconforming use. To qualify as a continuation of an existing nonconforming use, a replacement nonconforming use shall:
1. Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification; and
2. Be substantially similar or result in a lower impact in its effect on the surrounding neighborhood; and
3. Not increase the nonconformance of the use; and
4. Not create a new type of nonconformance.
D. EXTENSION OR ENLARGEMENT:
The use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel. The use shall not be relocated in whole or in part to any other part of the parcel. The use cannot be enlarged or extended, except as provided below.
1. Extension/Enlargement within Building: Provided the use complies with subsection E of this Section, Alterations to Legal Nonconforming Use, a nonconforming use housed in part of a single-tenant building may be extended throughout the building, but the building shall not be enlarged or added to. A nonconforming use in a multi-tenant building shall not be expanded into space vacated by other tenants and shall also comply with subsection E of this Section.
2. Additional Development on Property Containing Nonconforming Use: No additional building, whether temporary or permanent, shall be erected upon a property with a nonconforming use for purposes of expanding or extending a nonconforming use. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of the Renton Municipal Code.
E. ALTERATIONS TO LEGAL NONCONFORMING USE:
Alterations to a legal nonconforming use are only permitted when they do not expand or enlarge a use consistent with subsection D of this Section, Extension or Enlargement. The alteration shall not increase the nonconformance of the use, nor create a new type of nonconformance.
F. RESTORATION:
Nothing in this Chapter shall prevent the restoration or continuance of a nonconforming use damaged by fire, explosion, or act of God, subsequent to the date of these regulations, or amendments thereto, subject to the following conditions and conforming to subsection D of this Section, entitled Extension or Enlargement; provided, that restoration work is initiated by permit application within one year of a fire, explosion, or an act of God. If a permit application has not been submitted within one year from the date of the fire or other casualty the use shall be deemed abandoned and not allowed to be restored or reconstructed.
G. AMORTIZATION OF ADULT USES:
For amortization of legal nonconforming adult entertainment, activity, use, or retail use, see RMC 4-3-010E.
H. EXISTING LEGAL NONCONFORMING RESIDENTIAL USES:
Existing legal nonconforming residential uses for which documentation of compliance with City code at the time of construction can be provided shall be considered permitted uses given all the rights of other permitted uses within the zoning districts identified in this Section. In addition, these uses may be rebuilt should they suffer damage and remodeled without limitation on value. These uses may be enlarged subject to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, parking, etc.). (Ord. 4963, 5-13-2002; Ord. 5647, 12-12-2011)