Chapter 19.30
NONCONFORMANCE1

Sections:

19.30.010    Purpose and intent.

19.30.020    Administration.

19.30.040    Regulations of legal nonconforming uses not identified in particular zoning districts.

19.30.050    Abatement of illegal nonconformance.

19.30.060    Immediate compliance with certain provisions required.

19.30.070    Certain nonconformances specifically regulated.

19.30.080    Nonconforming use.

19.30.085    Nonconforming lots (buildable lots).

19.30.090    Nonconforming development.

19.30.110    When public improvements must be installed.

19.30.120    Nonconforming water quality improvements.

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.

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, developments, and lots and to provide standards defining the circumstances in which nonconforming uses, developments, and lots 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 the use and development of legally created nonconforming lots (see Buildable lot, FWRC 19.105.010).

(2) Ensure reasonable opportunities for the use, maintenance, and minor improvement of legal nonconforming developments and allow a reasonable opportunity for changes in use and tenants of nonconforming developments.

(3) Ensure a reasonable opportunity for continuation of legally established nonconforming uses, but prohibit their expansion.

(4) Encourage the removal and replacement of nonconforming uses with conforming uses.

(5) Encourage the upgrading of nonconforming developments to conforming developments with the applicable regulations prescribed by this title.

(Ord. No. 15-804, § 9, 11-3-15; 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, development, or lot 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, development, or lot that is nonconforming under this title.

(Ord. No. 15-804, § 10, 11-3-15; 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.)

19.30.040 Regulations of legal nonconforming uses not identified in particular zoning districts.

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. 15-804, § 12, 11-3-15; 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 illegal nonconformance.

(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 an illegal 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. 15-804, § 13, 11-3-15; 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 of this title:

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

(b) Nonconformance with the lighting standards in FWRC 19.105.030(3);

(c) Nonconformance with the standards in the International Fire and Building Codes, to the extent that the nonconformance poses a threat to life or safety, as determined by the director and fire marshal;

(d) Nonconformance with the provisions in Chapter 19.130 FWRC, Article VII, regarding parking and storage of large vehicles in residential zones;

(e) Nonconformance with the provisions in Chapter 19.140 FWRC regarding portable 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. 15-804, § 14, 11-3-15; 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.

(1) This chapter specifies when and under what circumstances nonconformances must be corrected. If a nonconformance must be corrected under this chapter, the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the application for compliance with this chapter. The city may withhold, at the discretion of the director, all land use, building permit, other approvals, and/or issuance of the certificate of occupancy until the required conformance is achieved.

(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. 15-804, § 15, 11-3-15; 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.

Any nonconforming use must be terminated if:

(1) The applicant is expanding gross floor area on the subject property, whether the expansion involves an addition to an existing building or a new and separate structure.

(2) The subject property has been abandoned.

(Ord. No. 15-804, § 16, 11-3-15; 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.

19.30.085 Nonconforming lots (buildable lots).

The development of a nonconforming lot under this chapter shall be subject to the buildable lot provisions of FWRC 19.105.010(2).

(Ord. No. 15-804, § 17, 11-3-15.)

19.30.090 Nonconforming development.

(1) All nonconforming aspects of a development must be brought into conformance if:

(a) An applicant proposes to add to the subject property either 2,500 square feet of new gross floor area or more, or 25 percent of the gross floor area or more of the building(s) on the subject property, whichever is less, within any consecutive 36-month time period commencing at the time of building permit issuance; or

(b) The property is abandoned.

(2) Exceptions.

(a) For a building (or group of buildings) greater than or equal to 50,000 square feet, conformance as identified in subsection (1) of this section is not required unless the applicant proposes to add 4,900 square feet of new gross floor area to the subject property or 10 percent of the gross floor area of the building(s) on the subject property, whichever is greater, within any consecutive 36-month time period commencing at the time of building permit issuance; or

(b) An increase in gross floor area of an existing single-family residential dwelling shall be allowed provided the nonconformance of the existing structure is not increased and the addition complies with all development regulations in effect at the time of the proposal; or

(c) 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.

(3) 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 19.115.120, 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 19.30.110 and 19.30.120 and Chapter 19.135 FWRC, all as amended.

(Ord. No. 15-804, § 18, 11-3-2015; Ord. No. 12-724, § 8, 6-5-12; 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; cottage and compact single-family housing, Chapter 19.250 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 subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance.

(1) Redevelopment. For the purposes of this section, “redevelop” or “redevelopment” means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter, and shall be done in accordance with the approved King County Surface Water Design Manual or equivalent, as amended.

(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 a state-certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), 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 center frame) or CC-C (city center core) may construct water quality facilities required by this section below grade.

(Ord. No. 15-804, § 20, 11-3-15; 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.

19.30.140 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. Legal 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 increases the gross floor area of the ADU; or

(b) 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.

(Ord. No. 15-804, § 22, 11-3-15; 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 19.275.080, 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. Legal 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 increases the gross floor area of the principal use on the subject property whereon the container is located; or

(b) Abandonment. The subject property containing the storage container is abandoned for 90 or more consecutive days.

(Ord. No. 15-804, § 23, 11-3-15; 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.

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.

(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 (including easements).

(a) A proposal for improvements shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance, 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:

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

(ii) The proposal is otherwise consistent with the public health, safety, and welfare.

(b) Where governmental acquisition of property or easement results in the need to relocate nonconforming improvements, those improvements may be relocated on the subject property provided they are not made more nonconforming.

(3) Other government regulations. Other than as specified in subsection (1) of this section, the city may, using process III, 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. 15-804, § 24, 11-3-15; 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.

The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter that do not conflict with the provisions of this section are unaffected by this section. If a nonconformance must be corrected to comply with FWRC 19.145.450, the applicant must, as part of the application for the development permit, submit all information that the city reasonably needs to review the application for compliance with the applicable regulations of this title. 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 19.145.480 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 six-month, one-year, five-year, or 10-year capture zones must be brought into compliance with the protection measures specified in FWRC 19.145.500.

(Ord. No. 15-804, § 25, 11-3-15; Ord. No. 15-797, § 12, 6-16-15; 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 use or development is damaged by sudden accidental cause, that use or development, including associated improvements, may be reconstructed if it meets the following requirements:

(1) The use or development, including associated improvements, as reconstructed, is not any more nonconforming than it was immediately prior to the damage.

(2) 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. 15-804, § 26, 11-3-15; 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.)


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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.