Nonconforming Structure

A nonconforming structure is a structure that was legally built, but does not meet the current regulations. An example might be a structure that is built too far from the property line along a Key Street. Nonconforming structures can be expanded in any way that meets the current regulations. If a nonconforming structure is destroyed by any means beyond 90 percent of the replacement cost of the nonconforming structure, it may not be replaced unless it can comply with the current regulations.

Nonconforming Uses

Nonconforming uses looking to take advantage of the extra flexibility allowed in the TOD Special District must be nonconforming due to the zone change associated with the TOD Special District or because of the new TOD Special District standards. The Applicant or owner must prove the nonconforming status.

Nonconforming Site Development

When a zoning lot with structures or uses comply with the underlying zoning district standards, but does not conform with all the standards of the TOD Special District, such as building location, yard and setback requirements, street facades, building orientation and entrances, parking lot design and location, and bicycle parking, then it would be considered nonconforming site development.

Refer to LUO Section 21-9.100-8(d) for more information on nonconformities.

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