23.60A.122

A. Nonconforming uses 1. A nonconforming use may be continued subject to the provisions of this Section 23.60A.122 . 2. A nonconforming use that has been discontinued for more than 12 consecutive months in the CN, CP, CR, CM, CW, UR, UH and UC Environments or more than 24 consecutive months in the UM, UG or UI Environments shall not be reestablished or recommenced. A use is considered discontinued if: a. A permit to change the use of the structure or property has been issued and acted upon; or b. The structure or property or portion of a structure or property is either vacant or is not being used for the use allowed by the most recent permit for the length of time provided in subsection 23.60A.122.A.2. 3. The use of the structure is considered discontinued even if materials from the former use remain or are stored on the property. A multifamily structure with one or more vacant dwelling units is not considered unused unless the total structure is unoccupied. 4. Existing uses in the UC, UG, UH, UI, UM, or UR Environments that are within the required shoreline setback and are not otherwise nonconforming to use regulations are regulated by the standards of the applicable environment and not by this Section 23.60A.122 . B. Nonconforming use in a conforming structure or development 1. A conforming structure or development containing a nonconforming use or uses may be maintained, repaired, or structurally altered but shall not be expanded or extended beyond its existing external dimensions for the purposes of the nonconforming use, except as provided in subsections 23.60A.122.C and 23.60A.122.E, or as otherwise required by law, if necessary to improve access for the elderly or disabled, or to provide regulated public access. 2. A conforming structure or development containing a nonconforming use or uses may not be rebuilt or substantially improved for the purposes of the nonconforming use, except as provided in subsections 23.60A.122.C.1, 23.60A.122.C.2 and 23.60A.122.E. C. Conforming structure containing a nonconforming use 1. A conforming structure containing a nonconforming use may be rebuilt or substantially improved if the applicant demonstrates that the structure is reasonably capable of containing a conforming use without modifying the rebuilt or improved structure, except as provided in subsection 23.60A.122.E. A structure that is allowed to be rebuilt or substantially improved shall not be expanded or extended beyond its existing external dimensions for the purposes of the nonconforming use. 2. A conforming structure or development containing a nonconforming use that is destroyed by fire, act of nature, or other causes beyond the control of the owner, excluding normal deterioration of structures constructed in or over the water, may be rebuilt or substantially improved if: a. Action toward replacement is commenced within 12 months after destruction in the CN, CP, CR, CM, CW, UR, UH and UC Environments or within 24 months in the UM, UG, or UI Environments; and b. The structure or portion of the structure occupied by the nonconforming use is improved or rebuilt to the same or smaller configuration, existing immediately prior to the time the structure was destroyed unless one of the provisions in subsection 23.60A.122.C.2.c apply. c. Configuration alternatives 1) Reconfiguration of the structure occupied by the nonconforming use is allowed if reconfiguration results in reduced impacts on ecological functions as compared to the configuration immediately prior to the time the structure was destroyed; 2) A substantially improved or rebuilt structure housing a nonconforming eating and drinking establishment use in the UC Environment may consolidate other existing nonconforming uses on the property, if no cumulative expansion or intensification of the nonconforming use and no increase in over-water coverage occurs and the Director finds that the reconfiguration will allow removal of structures housing other nonconforming uses, resulting in improved ecological functions, view corridors or regulated public access; or 3) The structure is nonconforming moorage that is reconfigured consistent with subsection 23.60A.122.E. D. Change of one nonconforming use for another nonconforming use 1. The change of one nonconforming use to another use not allowed in the shoreline environment may be authorized as a shoreline conditional use by the Director, with the concurrence of Ecology, if the area occupied by the nonconforming use does not expand and the Director determines that: a. The existing development is unsuited for a reasonably economically viable use allowed in the environment; and b. The new use is no more detrimental to ecological functions and to property in the vicinity than the existing use; c. For uses located in structures located over water: 1) First, no reasonable economic alternative exists for locating the use on the dry land portion of the lot and outside the setback to the maximum extent reasonable; and 2) Second, no reasonable economic alternative exists for locating the use on the dry land portion of the lot to the maximum extent reasonable; and d. For uses in structures located within the required shoreline setback no reasonable alternative exists for locating the use wholly outside of the setback; if the use cannot be located wholly outside the setback it shall be located outside the setback to the maximum extent reasonable. 2. If the Director determines that a nonconforming use in a structure over water and/or within the required setback may be changed, the Director shall require the applicant to provide an area of ecological restoration equivalent to the gross floor area of the use that is nonconforming. 3. The new use shall retain its nonconforming use status for the purposes of subsections 23.60A.122.A through 23.60A.122.D; and 4. This subsection 23.60A.122.D does not apply to uses on vessels. E. Reconfiguration of a nonconforming moorage use. 1. Reconfiguration of a nonconforming moorage use may be authorized as a shoreline conditional use, except as provided in subsection 23.60A.122.E.2, if the Director determines that: a. The goals of this Chapter 23.60A , including limiting location of structures over water, would be better served; b. View corridors and public access that do not meet development standards are improved to the maximum extent reasonable; c. Total over water coverage, including potential coverage by vessels or floating structures that are moored, is not increased; and d. If the moorage includes covered moorage: 1) The height of the covered moorage is not increased; and 2) Walls are prohibited, unless in conflict with the Seattle Fire Code. 2. Reconfiguration of an existing nonconforming moorage use may be authorized without obtaining a shoreline conditional use permit if the conditions in subsection 23.60A.122.E.1 are met and the total area of over water coverage, including potential coverage by vessels or floating structures that are moored, and including any existing covered moorage, is reduced by 20 percent. When calculating the reduction in over water coverage, grated decking and translucent roofing material shall not be included. (Ord. 124105 , § 3, 2013.)