22.40.090 Enforcement.
A. Compliance with Current Regulations. Pursuant to the provisions of this chapter, the following shall come into compliance with current code requirements:
1. Any illegal nonconforming structure, site, lot, or use;
2. Any legally nonconforming structure, site, lot, or use that loses its nonconforming status; and
3. Any structure or use that is deemed vacated or abandoned shall be enforced pursuant to the provisions of Chapter 1.04 MMC.
B. Loss of Nonconforming Status. A legally established nonconformance shall lose its legal nonconforming status when any of the following conditions are met. When legal nonconforming status is lost, the structure, site, lot, or use must be brought into conformance with all applicable code requirements.
1. Nonconforming Structures.
a. Should any legal nonconforming structure be destroyed by any means other than accidental causes to an extent of more than seventy-five percent of its replacement cost at time of destruction, in the judgment of the city, it shall not be reconstructed except in conformity with the provisions of this chapter. Structures destroyed by accidental causes are subject to the requirements of MMC 22.40.060(A)(5), Reconstruction.
b. When a legal nonconforming structure, or structure and premises in combination, is vacated or abandoned for six consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zoning district in which it is located.
2. Nonconforming Uses.
a. If any such legal nonconforming use is vacated or abandoned for any reason for a period of more than six consecutive months, any subsequent use shall conform to the regulations specified by this title for the zoning district in which such use is located.
b. Any structure, or structure and land in combination, in or on which a legal nonconforming use is superseded by a permitted use shall conform to the regulations specified by this title for the zoning district in which such use is located.
3. Nonconforming Sites.
a. Maximum Lot Coverage. Sites legally nonconforming to lot coverage standards shall conform to current regulations regarding impervious surface coverage when new impervious surfaces are placed outside of the footprint of an existing structure on a legal nonconforming site.
b. Parking Requirements. Sites legally nonconforming to off-street parking standards shall conform to current parking regulations subject to the following:
i. Legal Nonconforming Residential Parking. Residential sites that are legal nonconforming due to insufficient off-street parking shall be brought into conformance with the requirements set forth in Chapter 22.44 MMC, Parking Standards and Design, under the following conditions:
(A) The primary land use located on the site is changed to a nonresidential land use; or
(B) The number of dwelling units on the site is increased.
ii. Legal Nonconforming Nonresidential Parking. Nonresidential sites that are legal nonconforming due to insufficient off-street parking shall be brought into conformance with the requirements set forth in Chapter 22.44 MMC when one of the following conditions is met:
(A) A structure is enlarged or extended outside the existing structure footprint in a manner that would require additional parking pursuant to Chapter 22.44 MMC; or
(B) The use of the site changes to a use that requires more parking than the previous use.
c. Landscaping. Sites legally nonconforming to landscaping standards shall conform to current landscaping regulations in Chapter 22.46 MMC, subject to the following:
i. Legal Nonconforming Residential Landscaping. Residential sites that are legal nonconforming to landscaping requirements shall be brought into conformance with the requirements set forth in Chapter 22.46 MMC, Landscaping Standards, under the following conditions:
(A) The primary land use located on the site is changed to a nonresidential land use; or
(B) The number of dwelling units on the site is increased.
ii. Legal Nonconforming Nonresidential Landscaping. Nonresidential sites that are legal nonconforming due to insufficient landscaping shall be brought into conformance with the requirements set forth in Chapter 22.46 MMC, Landscaping Standards, when one of the following conditions is met:
(A) A structure is enlarged or extended outside the existing structure footprint in a manner that would require additional landscaping pursuant to Chapter 22.46 MMC; or
(B) The use of the site changes to a use that requires more landscaping than the previous use.
C. Illegal Nonconformances. Any use, structure, lot, or site not established in compliance with applicable development regulations in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal pursuant to the applicable provisions of Chapter 1.04 MMC, Code Enforcement. (Ord. 005/2019 § 10 (Exh. B))