18.100.050 Nonconforming structures

18.100.050 Nonconforming structures.

A. Nonconforming Building or Structure. This term means any building or structure that was lawfully established and in compliance with all applicable codes and laws, but no longer complies with all applicable regulations and standards of development in the zoning district in which it is located.

B. Right to Continue. Any legal nonconforming building or structure that was lawfully established prior to the effective date of this code or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter. The right to continue a nonconforming building or structure shall attach to the land and shall not be affected by a change in ownership. No substitution, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this chapter. Legal nonconforming structures may be repaired, maintained, or replaced in compliance with the requirements of this section, unless deemed to be a public nuisance because of health or safety conditions.

C. Enlargements or Alterations. Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws, subject to the following provisions:

1. Alterations and enlargements that comply with the following, subject to the approval of the zoning administrator:

a. Alterations or enlargements necessary to meet city or state requirements; and

b. Alterations or enlargements necessary to meet current requirements of the zoning district in which the structure is located or otherwise allowed in that zoning district.

2. Alterations and enlargements that comply with the following are subject to approval of a conditional use permit:

a. Alterations or enlargements that extend into a nonconforming yard or height limit, where the alteration or enlargement would not:

i. Further reduce any existing nonconforming yard;

ii. Exceed applicable building height limits;

iii. Further reduce existing nonconforming lot coverage or floor area ratio requirements; and

iv. Increase the required number of off-street parking spaces unless parking is provided under current standards for the addition of the use only.

3. Alterations or enlargements up to 50 percent of floor area of a legal, nonconforming single residence or duplex residence may be made without providing any additional parking space or changes to an existing driveway; provided, that such alterations or enlargements do not increase the number of dwelling units on the lot and a conditional use permit is approved.

4. Notwithstanding the requirements of subsection (C)(3) of this section, a second unit in compliance with this code may be developed on a lot that contains a nonconforming single-unit dwelling, if the single-unit dwelling is nonconforming only because it does not meet current parking standards. The second dwelling unit may only be established when parking is provided to meet the applicable requirements of this code for both the primary dwelling and the second dwelling unit.

D. Maintenance and Nonstructural Repairs. Maintenance, nonstructural repairs, and nonstructural interior alterations are permitted to a nonconforming structure or to a structure occupied by a nonconforming use, so long as the changes and improvements do not enlarge or extend the structure.

E. Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams, or girders, may be undertaken only when the building division determines that such modification or repair is immediately necessary to protect public health and safety of the occupants of the nonconforming structure, or occupants of adjacent property, or when the cost of such work does not exceed 50 percent of the appraised value of the nonconforming structure.

1. A legal nonconforming building or structure that is damaged or partially destroyed may be restored or rebuilt if the cost of repair or reconstruction does not exceed 50 percent of the appraised value of the building or structure. Replacement of the damaged portions of the building is allowed by right; provided, that the replaced portions are the same size, extent, and configuration as previously existed.

2. If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the building or structure replacement, the land and building shall be subject to all of the requirements of this code. However, the zoning administrator may approve an administrative permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed as long as the previous use is continued or the original use is reestablished, as provided for in this chapter. [Ord. 14-12 § 1; Res. 14-36 § 406.05.]