20.25Q.040 Nonconforming uses, structures, and sites and exceptions for existing athletic club and accessory hotel use

20.25Q.040 Nonconforming uses, structures, and sites and exceptions for existing athletic club and accessory hotel use.

1. A Nonconforming Use may be continued by successive owners or tenants, except where the use has been abandoned. No change to a different use classification shall be made unless that change conforms to the regulations of this Code.

2. If a Nonconforming Use of a Structure or land 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 Land Use district in which it is located. Discontinuance of a Nonconforming Use for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.

3. A Nonconforming Use may be expanded pursuant to an Administrative Conditional Use Permit.

1. A Nonconforming Structure may be repaired or remodeled, provided there is no Expansion of the Building; and provided further, that the remodel or Repair shall not increase the existing Nonconforming condition of the Structure.

2. A Nonconforming Structure may be expanded; provided, that the Expansion conforms to the provisions of the Land Use Code, except that the requirements of LUC 20.25Q.130 through 20.25Q.160 shall be applied as described in subsections B.3 and B.4 of this section.

3. For Expansions made within any 3-year period, which together do not exceed 50 percent of the Gross Floor Area of the previously existing Structure, the following shall apply:

a. Where the property abuts SE 6th Street, SE 8th Street, 114th Avenue SE, or 112th Avenue SE (south of SE 6th Street) the Expansion is not required to comply with LUC 20.25Q.130 through 20.25Q.160.

b. Where the property abuts Main Street or 112th Avenue SE (north of SE 6th Street) the Expansion shall be in the direction of Main Street or 112th Avenue SE (north of SE 6th Street) so as to reduce the nonconformity of the Structure, except that an Expansion, which is no greater than 300 square feet in floor area and which is for the purpose of loading or storage, is exempted from this requirement.

4. For Expansions made within any 3-year period, which together exceed 50 percent of the Gross Floor Area of the previously existing Structure, the Structure shall be brought into conformance with LUC 20.25Q.130 through 20.25Q.160.

5. If a Nonconforming Structure is destroyed by fire, explosion, or other unforeseen circumstances to the extent of 100 percent or less of its Replacement Value, it may be reconstructed consistent with its previous nonconformity; provided, that the reconstruction may not result in an Expansion of the Building, nor an increase in the preexisting Nonconforming condition of the Structure.

1. A Nonconforming Site may not be changed unless the change conforms to the requirements of this Code, except that parking Lots may be reconfigured within the existing paved surface, except that this subsection shall not be construed to allow any parking Lot reconfiguration that would result in a parking supply that does not conform to the minimum/maximum parking requirements for East Main, LUC 20.25Q.090.

2. A Structure located on a Nonconforming Site may be repaired or remodeled, provided there is no Expansion of the Building; and provided further, that the remodel or Repair shall not increase the existing Nonconforming condition of the Site.

3. For Expansions of a Structure or additions of new Structures on a Nonconforming Site made within any 3-year period, which together exceed 20 percent of the Replacement Value of the previously existing Structures on the Site:

a. Easements for public Sidewalks shall be provided, unless the Director of the Department of Transportation determines such Easements are not needed; and

b. A six-foot-wide Walkway shall be provided from the public Sidewalk or street right-of-way to the main Building entrance, unless the Director determines the Walkway is not needed to provide safe pedestrian access to the Building. The Director may allow modification to the width of Walkways so long as safe pedestrian access to the Building is still achieved.

4. Expansions of a Structure or additions of new Structures located on a Nonconforming Site, made within any 3-year period, which together do not exceed 50 percent of the previously existing Gross Floor Area, do not require any increase in conformance of the existing and unaffected portions of the Site with the Site Development regulations of this Code, except as otherwise provided in subsection B.3 of this section.

5. Expansion of a Structure or additions of new Structures located on a Nonconforming Site made within any 3-year period, which together exceeds 50 percent of the Gross Floor Area of the previously existing Structure, the Site shall conform to the Site Development regulations of this Code.

1. Purpose. The purpose of this section is to allow Expansions of existing Athletic Club and accessory Hotel use without requiring certain East Main District-specific requirements, standards and guidelines in this Part 20.25Q LUC.

2. Definition. A Development shall be considered an existing Athletic Club and accessory Hotel use when meeting the following conditions:

a. An existing Athletic Club and accessory Hotel use shall be legally established as an Athletic Club and accessory Hotel Development as of January 1, 2021, and shall not have been abandoned, discontinued or destroyed for any period of 12 months or more. The status of an existing Athletic Club and accessory Hotel use is not affected by changes in ownership;

b. The boundary and size of an existing Athletic Club and accessory Hotel use shall be the extent of the legally established Lot or Lots as of January 1, 2021, upon which the existing Athletic Club and accessory Hotel use is located. Any changes to the boundary and/or size of the Lot or Lots, through a Subdivision, Short Subdivision or other means of land division, a Boundary Line Adjustment, definition of Project Limit, or any other adjustment or agreement shall not add to the size or Development capacity of the Lot or Lots for the existing Athletic Club and accessory Hotel use.

c. An existing Athletic Club and accessory Hotel use has a primary use as an Athletic Club pursuant to LUC 20.50.010, with an Accessory or Secondary Hotel Use; and

d. The applicant shall submit documentation which shows that the existing Athletic Club and accessory Hotel use was permitted when established and has been maintained over time. The Director shall determine whether the documentation is adequate to support a determination that the Development constitute an existing Athletic Club and accessory Hotel use as defined in this subsection. The Director may waive the requirement for documentation when an existing Athletic Club and accessory Hotel use has been clearly established.

3. Applicability. The provisions in this subsection D apply only to existing Athletic Club and accessory Hotel use as defined in subsection D.2 of this section.

a. The Nonconforming provisions in subsection A, B, and C of this section shall not apply to existing Athletic Club and accessory Hotel use as defined in subsection D.2 of this section and when the applicant is proposing to utilize the provisions in this subsection;

b. Routine maintenance and Repair associated with an existing Athletic Club and accessory Hotel use is allowed outright and shall not be required to meet requirements, standards and guidelines in this Part 20.25Q LUC, but shall comply with all other applicable requirements of the LUC and other City Codes. “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;

c. An existing Athletic Club and accessory Hotel use may be expanded as follows:

i. An existing Athletic Club and accessory Hotel use may be expanded with additional floor area consisting of Athletic Club use and Hotel as an accessory use, up to the base FAR for nonresidential allowed in this Code, Part 20.25Q LUC;

ii. Exterior improved areas associated with and supporting an existing Athletic Club and accessory Hotel use may be expanded into any unimproved land within the legally established Lot or Lots as defined in subsection D.2.b of this section; and

iii. Expansions as provided in subsection D.4.d of this section shall be exempt from all requirements, standards and guidelines in this Part 20.25Q LUC, except for:

(1) LUC 20.25Q.030, Review required;

(2) LUC 20.25Q.060, Dimensional requirements, only for maximum Building Height, Tower Setback, and Tower Separation. An existing Athletic Club and accessory Hotel use may be built above the base Building Height up to the maximum Building Height, without participation in the amenity incentive program;

(3) LUC 20.25Q.080, Landscape development, except that landscape development requirements along 112th Avenue SE are not applicable;

(4) LUC 20.25Q.090, Parking and circulation;

(5) LUC 20.25Q.130, Design guidelines;

(6) LUC 20.25Q.150, Streetscape and public realm, only where applicable and feasible; and

(7) LUC 20.25Q.160, Building design (base, middle, and top);

d. An existing Athletic Club and accessory Hotel use may be expanded with additional floor area consisting of Athletic Club use, and Hotel as an accessory use, beyond the base FAR up to maximum FAR for nonresidential allowed in this Code, Part 20.25Q LUC, and be exempted from the requirements, standards and guidelines in this Part 20.25Q LUC, as listed in subsection D.4.c.iii of this section, through a Development Agreement, as provided in LUC 20.25Q.030.F; and

e. Maintenance, Repair, and Expansions of an existing Athletic Club and accessory Hotel use shall comply with all applicable requirements of Part 20.25H LUC, Critical Areas Overlay District. In the event of a conflict between this Part 20.25Q LUC and Part 20.25H LUC, the requirements of Part 20.25H LUC, Critical Areas Overlay District, shall control. (Ord. 6627, 12-13-21, § 3)