22.40.080 Nonconforming sites.
A. Legal Nonconforming Sites. A legal nonconforming site is a developed building site that conformed to the applicable code requirements that were in effect regarding site development at the time of development, but does not conform to the current regulations of the zoning district in which it is situated due to subsequent changes in code requirements. Alterations to legal nonconforming sites shall be regulated by this section.
1. Impervious Surface Coverage. A structure on a site that is legally nonconforming because the maximum allowable impervious surface coverage has been exceeded may be increased in height and gross floor area up to the maximum allowed in the zoning district in which the site is located. No new impervious surfaces are permitted outside the footprint of an existing structure on a nonconforming site.
2. Parking. For any site deemed legal nonconforming due to insufficient off-street parking, as set forth in Chapter 22.44 MMC, Parking Standards and Design, such legal nonconforming conditions may continue as permitted by the provisions set forth in this section. However, in no case shall a site legal nonconforming to parking requirements have its existing number of off-street parking spaces reduced.
a. Legal Nonconforming Residential Parking. No additional parking spaces shall be required for modifications to residential structures on sites legal nonconforming to parking, provided:
i. The primary land use located on the site is residential;
ii. The number of dwelling units on the site is not increased; and
iii. The number of off-street parking spaces on the site is not decreased.
b. Legal Nonconforming Nonresidential Parking. For a nonresidential site deemed legal nonconforming to insufficient off-street parking, it shall be exempt from providing additional off-street parking, provided:
i. A structure is not enlarged, extended, or structurally altered outside the existing building footprint in a manner that would require additional parking pursuant to Chapter 22.44 MMC.
ii. The use of the structure is changed to one that does not require more parking than the previous use.
iii. The number of off-street parking spaces on the site is not decreased.
c. Movement of Structure. If a structure that is nonconforming to parking requirements is moved to a new lot, off-street parking spaces shall be provided in accordance with the requirements of Chapter 22.44 MMC.
d. Reduction of Required Off-Street Parking for Nonconforming Sites. The zoning administrator may approve a reduction of up to twenty percent of the required off-street parking spaces, per Chapter 22.44 MMC, when the applicant provides one or more of the following:
i. A parking study, written by a qualified professional, demonstrating that the parking need can be met by the proposed reduction.
ii. The applicant enters into joint parking agreement, for use of a cooperative parking facility, in accordance with Chapter 22.44 MMC.
3. Landscaping. For any site deemed legal nonconforming due to insufficient landscaping, as set forth in Chapter 22.46 MMC, Landscaping Standards, such legal nonconforming conditions may continue as permitted by the provisions set forth in this section. However, in no case shall a site legal nonconforming to landscaping requirements have the total existing area of existing landscaping on site reduced.
a. Legal Nonconforming Residential Landscaping. No additional landscaping shall be required for modifications to residential structures on sites legal nonconforming to landscaping, provided:
i. The primary land use located on the site is residential;
ii. The number of dwelling units on the site is not increased; and
iii. The total area of the landscaping on the site is not decreased.
b. Legal Nonconforming Nonresidential Landscaping. A nonresidential site deemed legal nonconforming to landscaping shall be exempt from providing additional landscaping, provided the following are met:
i. A structure is not enlarged, extended, or structurally altered outside the existing building footprint in a manner that would require additional landscaping pursuant to Chapter 22.46 MMC.
ii. The use of the structure is changed to one that does not require more landscaping than the previous use.
iii. The total area of the landscaping on the site is not decreased.
c. Landscape Plan. When the city determines that landscaping on a nonconforming site shall be brought into compliance with code requirements, a landscape plan, which substantially conforms to the requirements of Chapter 22.46 MMC, Landscaping Standards, shall be submitted to the city for approval prior to issuance of a building or development permit.
B. Illegal Nonconforming Sites. A site that was not legally developed in accordance with the laws of the local governmental entity in which it was located at the date of its creation is an illegal nonconforming site and will not be allowed by the city to remain pursuant to MMC 22.40.090(C), Illegal Nonconformances. (Ord. 005/2019 § 10 (Exh. B))