20.25D.060 Existing Conditions.
A. Purpose. Many existing uses and developments would not be allowed pursuant to the BelRed Land Use District Charts (refer to LUC 20.25D.070) and district-specific standards and guidelines in this Part 20.25D that are in effect to implement the policies of the BelRed Subarea Plan. The purpose of this section is to allow the continued operation of existing light industrial and service uses, and existing developments that were legally established when the BelRed Subarea Plan was adopted on May 26, 2009. An additional purpose of this section is to allow limited expansion of existing uses and developments that are compatible with residential and higher intensity mixed use development that was introduced with the adoption of the plan.
B. Types of Existing Conditions – Definitions. A site may be considered an existing condition because it contains either an existing use or existing development as defined in this subsection and based on documentation provided pursuant to subsection D of this section.
1. Existing Use. The use of a structure or land which was permitted when established, in existence on May 26, 2009, and not discontinued or destroyed, but is not otherwise allowed under LUC 20.25D.070.
2. Existing Development. A structure or site development which was permitted when established, in existence on May 26, 2009, and not discontinued or destroyed, but does not otherwise comply with Part 20.25D LUC.
C. Applicability.
1. This section applies only to existing conditions occurring within a BelRed land use district.
2. The nonconforming provisions of LUC 20.20.070 and 20.20.560 do not apply within the BelRed land use districts.
3. Expansions or modifications of an existing use or development shall comply with any applicable requirements of Part 20.25H LUC, Critical Areas Overlay District. In the event of a conflict between this Part 20.25D LUC and Part 20.25H LUC, the requirements of Part 20.25H LUC, Critical Areas Overlay District, shall control.
4. Modifications to signs associated with an existing use or development shall comply with any applicable requirements of the Sign Code, Chapter 22B.10 BCC.
D. Documentation. The applicant shall submit documentation which shows that the existing condition was permitted when established and has been maintained over time. The Director shall determine based on subsections D.1 and D.2 of this section whether the documentation is adequate to support a determination that the use and development constitute an existing condition under the terms of this section. The Director may waive the requirement for documentation when an existing condition has been clearly established.
1. Existing Condition Permitted when Established. Documentation that the condition was permitted when established includes, but is not limited to, the following:
a. Building, land use or other development permits; or
2. Existing Condition Maintained Over Time. Documentation that the existing condition was maintained over time, and not discontinued or destroyed as described in this section includes, but is not limited to, the following:
a. Utility bills;
b. Income tax records;
c. Business licenses;
d. Listings in telephone or business directories;
e. Advertisements in dated publications;
f. Building, land use or other development permits;
g. Insurance policies;
h. Leases; and
i. Dated aerial photos.
3. Appeal of Director Determination. The Director’s determination of whether a use constitutes an existing condition may be appealed pursuant to LUC 20.35.250, Appeal of Process II decisions.
E. Regulations Applicable to All Existing Conditions.
1. Ownership. The status of an existing condition is not affected by changes in ownership.
2. Maintenance and Repair. Routine maintenance and repair associated with existing conditions is allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation from a lawfully established condition. “Routine repair” includes in-kind restoration to a state comparable to its original condition within a reasonable period after decay has occurred.
F. Regulations Applicable to Existing Uses.
1. Operations.
a. Existing Uses May Continue to Operate. Operations associated with an existing use may continue, subject to the provisions of this subsection F.
b. Existing Uses – Hours of Operation. The hours of operation associated with an existing use located in land use districts which permit residential uses may only extend into the period of 9:00 p.m. to 6:00 a.m. subject to Administrative Conditional Use approval. Existing uses which currently operate between these hours may continue without ACU approval, as long as the hours of operation between 9:00 p.m. and 6:00 a.m. are not expanded.
2. Expansions. Existing uses may expand under certain circumstances as described in this subsection:
a. Expansions of Floor Area. Floor area associated with existing uses may be expanded in conformance with this code.
b. Expansions of Exterior Improved Areas. Exterior improved areas associated with an existing use may be expanded by increasing the amount of land used. Exterior areas supporting the existing use may be expanded.
c. Limitations on Expansion.
i. No expansion of hazards. No expansion in operations shall be permitted that increases the use or on-site quantity of flammable or hazardous constituents (e.g., compressed gases, industrial liquids, etc.), or that increases the amount of waste generated or stored that is subject to the Washington Hazardous Waste Management Regulations, RCW 70.105.210, as currently adopted or subsequently amended or superseded. The Director may in consultation with the Fire Marshal modify the requirements of this subsection if the Director determines that the expansion will not increase the threat to human health and the environment over the pre-expansion condition.
ii. Expansions within Nodes (BR-MO-1, BR-OR-1 and 2, BR-RC-1, 2, and 3) and Residential Land Use Districts (BR-R). Refer to LUC 20.25D.060.F.2.c Figure 1. Floor area or exterior improvements associated with an existing use may be expanded when proposed within the limits of property held in a single ownership in existence on May 26, 2009, pursuant to an Administrative Conditional Use approval.
Figure 20.25D.060.F.2.c – Figure 1. Expansions within nodes and residential Land Use Districts
iii. Expansions outside Nodes and in Nonresidential Land Use Districts (BR-MO, BR-OR, BR-GC, BR-CR, and BR-ORT). Refer to LUC 20.25D.060.F.2.c Figure 2. Floor area or exterior improvements associated with an existing use may be expanded beyond limits of property held within a single ownership in existence on May 26, 2009, pursuant to an Administrative Conditional Use approval and the following limitations:
(1) The property proposed for expansion is abutting at least one of the property lines of the existing use as they existed on May 26, 2009.
(2) The regulations applicable to the property proposed for expansion would have allowed the use as of May 26, 2009.
Figure 20.25D.060.F.2.c – Figure 2. Expansions outside nodes and nonresidential Land Use Districts
3. Loss of Existing Use Status.
a. Discontinuance. If an existing use of a structure or exterior improved area is discontinued for a period of 12 months with the intention of abandoning that use, any subsequent use shall thereafter conform to the regulations of the district in which it is located. Discontinuance of an existing use of a structure or exterior improved area for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.
b. Accidental Destruction. When a structure containing an existing use is damaged by fire or other causes beyond the control of the owner, the use may be re-established. The structure may be repaired and/or reconstructed in accordance with applicable City Codes.
c. Relinquishment. An existing use is relinquished when the existing use is replaced with an allowed use pursuant to LUC 20.25D.070. Upon relinquishment, the existing use rights no longer apply and the existing use may not be re-established.
G. Regulations Applicable to Existing Development.
1. Existing Development May Remain. Existing development may remain unless specifically limited by the terms of this subsection.
2. Permitted Alterations to Existing Development. Existing development may be altered; provided, that the alteration conforms to City Codes and the existing development conforms to proportional compliance requirements contained in subsection G.3 of this section.
a. Three-Year Period. Alterations made within a three-year period will be viewed as a single change for the purposes of determining required improvements.
b. Value of Changes. The value of alterations is determined by the Director based on the entire project and not individual permits. The Director shall promulgate rules for determining the value of alterations in the context of this section.
3. Proportional Compliance. An existing development associated with an existing, permitted, or conditional use may be altered consistent with the requirements set forth below:
a. Threshold Triggering Required Improvements. The standards of this subsection shall be met when the value of the proposed changes to an existing development exceed $150,000 as of May 26, 2009. The threshold established here will be reviewed annually, and, effective January 1st of each year, may be administratively increased or decreased by an adjustment to reflect the current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers as needed in order to maintain accurate construction costs for the region. Routine maintenance and repair does not constitute an alteration, and does not count toward the threshold. The following alterations and improvements are exempt from being counted toward the threshold:
i. Alterations required as a result of a fire prevention inspection;
ii. Alterations related to the removal of architectural barriers as required by the Americans with Disabilities Act, or the Washington State Building Code (Chapter 19.27 RCW), now or as hereafter amended;
iii. Alterations required for the seismic retrofit of existing structures;
iv. Improvements to on-site stormwater management facilities in conformance with Chapter 24.06 BCC, now or as hereafter amended;
v. Alterations that reduce off-site impacts (including but not limited to noise, odors, dust, and other particulate emissions);
vi. Alterations that meet LEED, Energy Star or other industry-recognized standard that results in improved mechanical system, water savings, or operational efficiency; and
vii. Until June 30, 2012, exempt interior alterations and improvements proposed to accommodate a permitted use that do not expand the footprint of the existing development.
b. Required Improvements. When alterations meet the threshold in subsection G.3.a of this section existing development shall be brought toward compliance in the following areas:
i. Landscape development requirements as set forth in LUC 20.20.520 and 20.25D.110 and required landscape treatments as set forth in LUC 20.25D.130;
ii. Circulation and internal walkway requirements, as set forth in LUC 20.20.590 and 20.25D.120;
iii. Surface parking lot landscaping as set forth in LUC 20.20.520 and 20.25D.110 standards that apply to the site; and
iv. Required paving of surface parking, outdoor storage, and retail display areas.
c. Timing and Cost of Required Improvements.
i. Required improvements shall be made as part of the alteration that triggered the required improvements;
ii. The value of required improvements shall be limited to 20 percent of the value of the proposed alteration. The applicant shall submit evidence as required by the Director that shows the value of proposed improvements associated with any alteration; and
iii. Required improvements shall be made in order of priority listed in subsection G.3.b of this section unless a deviation in priority order is approved by the Director as necessary to accommodate a function that is an essential component of the existing development.
4. Loss of Existing Development Status.
a. Discontinuance. If an existing development is discontinued or abandoned for a period of 12 months with the intention of abandoning that use, any subsequent development shall thereafter conform to the regulation of the district in which it is located. Discontinuance of an existing development for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.
b. Accidental Destruction. When an existing development is damaged by fire or other causes beyond the control of the owner, the existing development may be re-constructed. The existing development may be repaired and/or reconstructed in its original configuration. Changes to the footprint and exterior proposed as part of the repair and/or reconstruction must conform to this code. (Ord. 5874, 5-18-09, § 1)