Chapter 10
LEGAL NONCONFORMING STRUCTURES, USES AND LOTS

CHAPTER GUIDE: This Chapter contains the requirements for buildings, lots, and uses that do not match the current zoning requirements, but which existed before regulations were adopted or implemented. Special permit process requirements for nonconforming uses/structures conditional approval permits are found in chapter 4-9 RMC. Chapter 4-8 RMC should also be consulted for general procedural and submittal information.

This Chapter last amended by Ord. 5159, October 17, 2005.

4-10-010 NONCONFORMING LOTS: (Reserved)

4-10-020 NONCONFORMING SITE DEVELOPMENT STANDARDS: (Reserved)

4-10-030 PENDING PERMITS VALID – VESTING:

Changes in the plans, construction, or intended use of a building shall not be required when a building permit has heretofore been issued, or when a complete application has been submitted to the Building Official before the effective date of amendments to the development regulations. (Ord. 4963, 5-13-2002)

4-10-040 CHANGE OF OWNERSHIP:

Change of ownership, tenancy, or management of a nonconforming structure or use shall not affect its legal nonconforming status provided the provisions of this Chapter are met. (Ord. 4963, 5-13-2002)

4-10-050 NONCONFORMING STRUCTURES:

A. NONCONFORMING STRUCTURES – GENERAL:

Any legally established building or structure may remain, although such structure does not conform with the provisions of the Renton Municipal Code, provided the following conditions are met:

1. Not Vacant or Left Abandoned: The nonconforming buildings or structures do not have historic significance, and have not been vacant for two (2) or more years, or have not been abandoned.

2. Unsafe Structures: The structure is kept in a safe and secure condition.

3. Alterations: A legal nonconforming structure shall not be altered beyond the limitations specified below:

a. Structures with Rebuild Approval Permits: Alteration work exceeding an aggregate cost of one hundred percent (100%) of the value of the building or structure shall be allowed if: (1) the building or structure is made conforming by the alterations; or (2) the alterations were imposed as a condition of granting a rebuild approval permit; or (3) alterations are necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a rebuild approval permit, pursuant to RMC 4-9-120.

b. Other Legal Nonconforming Structures: The cost of the alterations shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure, based upon its most recent assessment or appraisal, unless the amount over fifty percent (50%) is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming condition.

4. Enlargement: The structure shall not be enlarged unless the enlargement is conforming or it is consistent with the provisions of a rebuild approval permit issued for it.

a. Wireless Towers and Antennas: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Title shall not be deemed to constitute the expansion of a nonconforming use or structure.

5. Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure to its same size, location, and height when damaged by fire, explosion, or act of God, subsequent to the date of these regulations and subject to the following conditions:

a. Legal Nonconforming Structures with Rebuild Approval Permits: Restoration or reconstruction work exceeding one hundred percent (100%) of the latest appraised value of the building or structure closest to the time such damage occurred shall be allowed if it is: (1) a condition of granting the rebuild approval permit pursuant to RMC 4-9-120; and/or (2) necessary to allow the structure to be rebuilt to its condition prior to the damage considering construction costs; and/or (3) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority; and/or (4) necessary to conform to the regulations and uses specified in this Title.

b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed or appraised value of the building or structure at the time such damage occurred, unless required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority otherwise any restoration or reconstruction shall conform to the regulations and uses specified in this Title.

c. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an act of God may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes. Restoration improvements shall commence within two years of the damage, and shall continue in conformance with approved building or construction permits, otherwise the structure shall lose its restoration authorization and status.

B. R-10 AND R-14 ZONE RESIDENTIAL STRUCTURES CONSIDERED CONFORMING:

Residential structures that existed or that were developed in accordance with vested land use permits prior to the effective date of this section (6-17-1996) shall be considered to be conforming structures. Such structures may be replaced, renovated, and/or expanded pursuant to the provisions of the R-14 Zone. (Ord. 4963, 5-13-2002)

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 is not enlarged or extended.

1. Extension/Enlargement Outside Building: 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.

2. Extension/Enlargement Within Building: Provided the use complies with subsections E and F 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 subsections E and F.

3. 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 WITHOUT STRUCTURAL ALTERATION:

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 modification shall not increase the nonconformance of the use, nor create a new type of nonconformance.

F. ALTERATIONS TO LEGAL NONCONFORMING USE WITH STRUCTURAL ALTERATION:

Alterations to a structure housing a nonconforming use shall not be altered beyond the limitations specified below, and shall conform to subsection D of this Section, Extension or Enlargement:

1. Structures with Rebuild Approval Permits Housing a Nonconforming Use: Alterations exceeding an aggregate cost of one hundred percent (100%) of the value of the building or structure or site improvements housing or supporting the use shall be allowed if: (a) the building or structure is made conforming by the alterations; or (b) the alterations were imposed as a condition of granting a rebuild approval permit; or (c) alterations are necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a rebuild approval permit, pursuant to RMC 4-9-120.

2. Other Legal Structures Housing a Nonconforming Use: The cost of the alterations shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure or site improvements, based upon its most recent assessment or appraisal, unless the amount over fifty percent (50%) is used to make the use, building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming condition.

G. 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, Extension or Enlargement:

1. Legal Nonconforming Uses with Rebuild Approval Permits: Restoration work exceeding one hundred percent (100%) of the latest appraised value of the building or structure housing the use or site improvements supporting use (if not contained in a structure) closest to the time such damage occurred shall be allowed if it is: (a) a condition of granting the rebuild approval permit pursuant to RMC 4-9-120; and/or (b) necessary to allow the structure to be rebuilt to its condition prior to the damage considering construction costs; and/or (c) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority; and/or (d) necessary to conform to the regulations and uses specified in this Title.

2. Other Legal Nonconforming Uses: The work shall not exceed fifty percent (50%) of the latest appraised value of the building or structure housing the nonconforming use or site improvements supporting use (if not contained in a structure) at the time such damage occurred.

3. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an act of God may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes. Restoration improvements shall commence within two years of the damage, and shall continue in conformance with approved building or construction permits, otherwise the structure shall lose its restoration authorization and status.

H. AMORTIZATION OF ADULT USES:

For amortization of legal nonconforming adult entertainment, activity, use, or retail use, see RMC 4-3-010E. (Ord. 4963, 5-13-2002)

4-10-070 NONCONFORMING ANIMALS:

See RMC 4-4-010K. (Ord. 4963, 5-13-2002)

4-10-080 NONCONFORMING SIGNS:

See RMC 4-4-100D. (Ord. 4963, 5-13-2002)

4-10-090 CRITICAL AREAS REGULATIONS – NONCONFORMING ACTIVITIES AND STRUCTURES:

A legally nonconforming, regulated activity or structure that was in existence or approved or vested prior to the passage of the Critical Area Regulations, RMC 4-3-050, and to which significant economic resources have been committed pursuant to such approval but which is not in conformity with the provisions of RMC 4-3-050 may be continued; provided, that:

1. No such legal nonconforming activity or structure shall be expanded, changed, enlarged or altered in any way that infringes further on the critical area that increases the extent of its nonconformity with this Section without a permit issued pursuant to the provisions of RMC 4-3-050;

2. Except for cases of ongoing agricultural uses, if a nonconforming activity is discontinued pursuant to RMC 4-10-060, any resumption of the activity shall conform to this Section;

3. Except for cases of ongoing agricultural use, if a nonconforming use or activity or structure is destroyed by human activities or an act of God, it shall not be resumed or reconstructed except in conformity with the provisions of RMC 4-3-050, 4-10-050 and 4-10-060;

4. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005)

4-10-100 VIOLATIONS OF THIS CHAPTER AND PENALTIES:

Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005; Ord. 5159, 10-17-2005)