A. 
Any use, structure, lot or other site improvement (e.g., landscaping or signage), which was legally established prior to the effective date of a land use regulation that rendered it nonconforming 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; or
2. 
The use or structure does not comply with the development standards or other requirements of this code;
3. 
A change in the required permit review process shall not create a nonconformance.
B. 
Abatement of Illegal Use, Structure or Development. Any use, structure, lot or other site improvement not established in compliance with use, lot size, building, and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal.
C. 
Continuation and Maintenance of Nonconformance. A nonconformance may be continued or physically maintained as provided by this code.
1. 
Any nonconformance that is brought into conformance for any period of time shall forfeit status as a nonconformance.
2. 
Discontinuation of Nonconforming Use. A nonconforming use shall not be resumed when abandonment or discontinuance extends for 12 consecutive months.
3. 
Repair or Reconstruction of Nonconforming Structure. Any structure nonconforming as to height or setback standards may be repaired or reconstructed; provided, that:
a. 
The extent of the previously existing nonconformance is not increased;
b. 
The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage or destruction; and
c. 
The provisions of Chapter 13.12 SMC, Floodplain Management, are met when applicable.
4. 
Modifications to Nonconforming Structures. Modifications to a nonconforming structure may be permitted; provided, the modification does not increase the area, height or degree of an existing nonconformity. Modification of structures that are nonconforming with regards to critical areas may only be permitted consistent with SMC § 20.80.080.
D. 
Expansion of Nonconforming Use. A nonconforming use may be expanded subject to approval of a conditional use permit unless the indexed supplemental criteria (SMC § 20.40.200) requires a special use permit for expansion of the use under the Code. A nonconformance with the development standards shall not be created or increased and the total expansion shall not exceed 10 percent of the use area. Single-family additions shall be limited to 50 percent of the use area or 1,000 square feet, whichever is lesser (subject to NR3 development standards), and shall not require a conditional use permit in the MUR-45’ and MUR-70’ zones.
E. 
Nonconforming Lots. Any permitted use may be established on an undersized lot, which cannot satisfy the lot size or width requirements of this code; provided, that:
1. 
All other applicable standards of the code are met; or a variance has been granted;
2. 
The lot was legally created and satisfied the lot size and width requirements applicable at the time of creation;
3. 
The lot cannot be combined with contiguous undeveloped lots to create a lot of required size;
4. 
No unsafe condition is created by permitting development on the nonconforming lot; and
5. 
The lot was not created as a “special tract” to protect critical area, provide open space, or as a public or private access tract.
F. 
Nonconformance Created by Government Action.
1. 
Where a lot, tract, or parcel is occupied by a lawful use or structure, and where the acquisition of right-of-way, by eminent domain, dedication or purchase, by the City or a County, State, or Federal agency creates noncompliance of the use or structure regarding any requirement of this code, such use or structure shall be deemed lawful and subject to regulation as a nonconforming use or structure under this section.
2. 
Existing signs that are nonconforming may be relocated on the same parcel if displaced by government action, provided setback standards are met to the extent feasible. If an existing conforming or nonconforming sign would have setbacks reduced below applicable standards as a result of government action, the sign may be relocated on the same parcel to reduce the setback nonconformity to the extent feasible. To be consistent with SMC § 20.50.590(A), the signs shall not be altered in size, shape, or height.
3. 
A nonconforming lot created under this subsection (F) shall qualify as a building site pursuant to RCW 58.17.210, provided the lot cannot be combined with a contiguous lot(s) to create a conforming parcel.
G. 
Change of Use – Single Tenant. If any applicant proposes a change of use on a lot used or occupied by a single tenant or use, the applicant shall meet those Code provisions determined by the Director to be reasonably related and applicable to the change in use. These provisions shall apply to the entire lot.
H. 
Change of Use – Multi-Tenant. If any applicant proposes a change of use on a portion of a lot occupied by multiple tenants or uses, the applicant shall meet those code provisions determined by the Director to be reasonably related and applicable to the change in use. These provisions shall apply only to that geographic portion of the lot related to the use or tenant space on which the change is proposed.
(Ord. 238 Ch. III § 6, 2000; Ord. 352 § 1, 2004; Ord. 515 § 1, 2008; Ord. 669 § 1 (Exh. A), 2013; Ord. 706 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1045 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)