Chapter 15.120
NONCONFORMANCE AND REUSE OF FACILITIES
Sections:
15.120.010 Nonconformance – Applicability
15.120.030 Nonconformance – Status Determination
15.120.040 Reestablishment of Discontinued Nonconformance
15.120.050 Nonconformance – Uses of Land
15.120.060 Nonconformance – Uses of Land, Horses/Equine Animals
15.120.070 Nonconformance – Uses of Structures
15.120.080 Repair or Reconstruction of Nonconforming Structure
15.120.090 Alteration of Nonconforming Structure
15.120.100 Nonconformance – Abatement
15.120.110 Reuse of Facilities
15.120.005 Purpose
A. Establish the legal status of nonconformance of structures or use on subject sites by creating provisions through which a nonconformance may be established, maintained, altered, reconstructed, expanded or abated;
B. Recognize public investment in existing facilities; encourage the adaptive reuse which will continue to serve the community; and ensure public review of redevelopment plans by allowing:
1. Temporary reuse of closed public school facilities retained in school district ownership, and the reconversion of a temporary reuse back to a school use;
2. Permanent reuse of surplus nonresidential facilities (e.g., schools, fire stations, government facilities) not retained in school district ownership; or
3. Permanent reuse of historic structures listed on the National Register or designated as county landmarks. (Ord. 15-1018 § 1)
15.120.010 Nonconformance – Applicability
A. All nonconformance issues including, but not limited to, buildings, structures, lands and uses shall be subject to the provisions of this chapter.
B. The provisions of this chapter do not supersede or relieve a property owner from compliance with:
1. The requirements of the Building and Fire Codes; or
2. The provisions of this code beyond the specific nonconformance addressed by this chapter. (Ord. 15-1018 § 1)
15.120.020 Lots of Record
In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling may be erected on any single lot which was a lot of record on or before November 26, 1992, and which was a building site pursuant to City of SeaTac Ordinance No. 90-1025. Any request for a variance of the lot size, lot width and/or yard requirements shall be made to the City’s Hearing Examiner, and the Hearing Examiner shall render a decision on the request in accordance with the provision of Chapter 1.20 SMC, Hearing Examiner System. (Ord. 15-1018 § 1)
15.120.030 Nonconformance – Status Determination
A. Any use, use of a structure or other site improvement (e.g., landscaping or signage) which was legally established prior to the effective date of this title shall be considered nonconforming if:
1. The use is now prohibited or cannot meet use limitations applicable to the zone in which it is located;
2. The use does not comply with the density, dimensions, landscaping, parking, sign or residential design standards of this title; or
3. A building is conforming, but the landscaping, parking or other standards were established by prior actions of the existing jurisdiction.
B. A change in the required permit review process shall not create a nonconformance.
C. Any nonconformance that is brought into conformance for any period of time shall forfeit status as a nonconformance, except as specified in SMC 15.120.080, Repair or Reconstruction of Nonconforming Structure.
D. The provisions of Chapter 15.600 SMC, Sign Code, and any subsequent amendments, shall exclusively control the status of a sign to a nonconforming use. (Ord. 15-1018 § 1)
15.120.040 Reestablishment of Discontinued Nonconformance
A nonconforming use may be reestablished as a nonconformance, except that any nonconforming use that is discontinued for a period of six (6) continuous months shall not be reestablished. Any nonconforming use of a building which is discontinued for a total of one (1) year (twelve (12) months) over a three (3) year period shall not be allowed to continue as the nonconforming use. (Ord. 15-1018 § 1)
15.120.050 Nonconformance – Uses of Land
If, at the effective date of the Zoning Code of the City or any amendment thereto, a lawful use of land exists that is made no longer permissible under the terms of the Zoning Code or amendment, such use may be continued as a nonconforming use so long as it remains otherwise lawful, subject to the following conditions:
A. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on the effective date of the Zoning Code or amendment that made the use no longer permissible.
B. No nonconforming structure shall be moved in whole or in part to any other portion of the lot that is subject of the nonconforming use.
C. If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, that cessation shall constitute prima facie evidence of intent to abandon the use, and any subsequent use of land shall conform to the regulations specified by this title for the zone in which such land is located. (Ord. 15-1018 § 1)
15.120.060 Nonconformance – Uses of Land, Horses/Equine Animals
Any horse/equine animals legally located on property on the effective date of the Zoning Code or amendment thereto shall be allowed to remain on the property; provided, that the horse/equine animal is kept in a clean and safe environment and shall be subject to the following provisions:
A. Should a legal nonconforming horse/equine animal be removed from a parcel of property for a period of more than six (6) months, that cessation shall constitute prima facie evidence of the intent to abandon the use of the property for horses/equine animals.
B. Should a legal nonconforming horse/equine animal expire/pass away, another horse/equine animal may be moved to the property to replace the expired horse/equine animal; provided, that the new horse/equine animal is moved onto the property within six (6) months.
C. Should legal nonconforming horse/equine animals produce progeny, the progeny may be allowed on the property up to a maximum of nine (9) months from the date of birth. (Ord. 15-1018 § 1)
15.120.070 Nonconformance – Uses of Structures
If, at the effective date of the Zoning Code of the City or any amendment thereto, a lawful use of a building or structure exists that is made no longer permissible under the terms of the Zoning Code or amendment, such use may be continued as a nonconforming use so long as it remains otherwise lawful, subject to the following conditions:
A. No nonconforming structure or building shall be structurally altered or changed other than those alterations or changes required by law.
B. A nonconforming use of a building or structure may be extended throughout any parts of the building or structure that were manifestly arranged, designed and constructed for such use at the time of the effective date of the Zoning Code or amendment that made the use no longer permissible, but no such use shall be extended to occupy any land outside such building or structure.
C. Any structure, or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
D. If any such nonconforming use of a building or structure ceases for any reason for a period of more than six (6) months, that cessation shall constitute prima facie evidence of intent to abandon the use, and any subsequent use of the building or structure shall conform to the regulations specified by this title for buildings or structures in the zone in which such land is located. (Ord. 15-1018 § 1)
15.120.080 Repair or Reconstruction of Nonconforming Structure
A damaged or destroyed nonconforming structure may be repaired or reconstructed provided that:
A. The extent of the previously existing nonconformance is not increased, and the extent of damage does not exceed fifty percent (50%) of the King County assessment value of land and improvements.
B. The building permit application for repair or reconstruction is submitted within six (6) months of the occurrence of the damage.
C. Should such structure be moved for any reason for any distance whatever, it shall hereafter conform to the regulations for the zone in which is located after it is moved. (Ord. 15-1018 § 1)
15.120.090 Alteration of Nonconforming Structure
A. Alterations to a nonconforming structure may be permitted; provided the alteration does not increase the area, height or degree of an existing nonconformity.
B. Upkeep, repairs and maintenance of a nonconforming building are permitted. Approval of such a permit shall be based on a finding that the repairs will be done in such a manner as to improve the building’s safety or functionality, and thereby make its existence in the area less detrimental to surrounding uses than would be the case if the status quo were maintained. (Ord. 15-1018 § 1)
15.120.100 Nonconformance – Abatement
A. Abatement of Illegal Use, Structure, or Development. Any use, structure or other site improvement that cannot be established with a record of compliance with Zoning Code standards in effect at the time of establishment shall be deemed illegal and shall be subject to abatement.
B. Abatement of Nonconforming Use of Land, Buildings and Structures. The nonconforming use of land, buildings or structures shall be subject to abatement if any of the following circumstances apply:
1. Any nonconforming use of land involving a building or a structure as defined by this title which building or structure has an assessed value of more than one hundred dollars ($100.00) but less than five hundred dollars ($500.00) on the date of notification shall be completely removed or made to conform within one (1) year from the date of notification as required by subsection (C) of this section, Notice of Abatement or Required Conformance.
2. Any nonconforming use of a building which cannot be legally established with adequate documentation (King County Tax lot number creation date, tax records of business) shall be required to be removed or made to conform within three (3) years from the date of notification as required by subsection (C) of this section, Notice of Abatement or Required Conformance.
C. Notice of Abatement or Required Conformance. When any nonconforming condition exists which is subject to abatement, it shall be the responsibility of the Department to ascertain, with all available means, the approximate date upon which the nonconforming use was established or acquired. Upon determination of legal or illegal nonconforming rights, the Department will follow the following process:
1. The Department shall notify the owner and lessee of the subject property of the intent to consider the matter and the date of such consideration before the Hearing Examiner.
2. The Department shall consider all pertinent dates and facts in the written determination and provide the opportunity for the owner or lessee to present such evidence which properly relates to such case. The division shall establish the facts upon which the determination is made to require such property owner to abate or make the use conforming.
3. The Department shall notify the owner of record and any occupants, in writing, of the staff determination by certified mail and notify all property owners within three hundred (300) feet of the subject property boundaries of the determination and the appeal process.
4. The staff determination shall present a decision by which the use or uses shall be abated or made conforming. Any person in opposition of the decision may appeal that decision to the Hearing Examiner.
5. The appeal shall be filed no more than ten (10) working days from the date of mailing of the decision. (Ord. 15-1018 § 1)
15.120.110 Reuse of Facilities
A. General Standards. Upon major conditional use permit review and approval an interim or permanent reuse of surplus, nonresidential facilities in residential zone classifications shall require that no more than fifty percent (50%) of the original floor area may be demolished for either permanent or interim reuse of facilities.
B. Reestablishment of Closed Public School Facilities. Upon major conditional use permit review and approval the reestablishment or reconversion of an interim nonschool use of school facilities back to school uses shall have a site plan approved by the Hearing Examiner decision and administered by the Director.
C. Standards for Conversion of Historic Buildings. In order to insure that significant features of the property are protected pursuant to City Codes, the following standards shall, through the major conditional use permit review, apply to conversion of historic buildings:
1. Gross floor area of building additions or new buildings required for the conversion shall not exceed twenty percent (20%) of the gross floor area of the building, unless allowed by the zone classifications;
2. Conversions to apartments shall not exceed one (1) dwelling unit for each three thousand six hundred (3,600) square feet of lot area, unless allowed by the zone classifications;
3. Any construction required for the conversion shall require certification of appropriateness from the City and the King County Landmark Commission. (Ord. 15-1018 § 1)