17.25.170 Nonconforming situations.
(1) Unless otherwise specifically provided in this code, nonconforming situations that were otherwise lawful on the effective date of this code may be continued.
(2) When a nonconforming lot can be used in conformity with all of the requirements applicable to the intended use, except that the lot is smaller than the required minimums set forth in the dimensional and density requirements for each zoning district, then the lot may be used as proposed just as if it were conforming.
(3) When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the planning director may allow variances from the applicable setback requirements if he/she finds that:
(a) The property cannot reasonably be developed for the use proposed without such deviations;
(b) These deviations are necessitated by the size or shape of the nonconforming lot;
(c) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety; and
(d) Compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
(4) SMC 17.25.170 through 17.25.220 apply only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it.
(5) If, on the date this code becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of SMC 17.25.170 through 17.25.220. This requirement shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(Q)(1-5), 1995).