Chapter 25.98 NONCONFORMITIES


Section 25.98.030 Nonconforming structures.

    1. Authority to Continue. Any nonconforming structure which is devoted to a use which is permitted in the zone in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in subsection 3 and 4 of this section.
    2. Enlargement, Repair, Alterations. Any nonconforming structure may be enlarged, maintained, repaired or altered; provided, however, that no such enlargement, maintenance, repair or alteration shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure.
    Whether or not an enlargement, act of maintenance, repair or alteration creates any additional nonconformity shall be determined as follows:
        a. A legal nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:
            (1) The enlargement or addition, when considered independently of the existing building, complies with any applicable setback, height, off-street parking and landscaping requirements.
            (2) The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height, floor area ratio, and off-street parking regulations applicable to its zoning district.
            (3) The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of 25 feet or 50 percent of the length of the existing nonconforming side wall; and the enlarged building complies with building and impervious coverage, floor area ratio, front and rear yard setbacks, and height regulations applicable to its zoning district.
    Whether or nor an enlargement, act of maintenance, repair or alteration increase the level of nonconformity is defined in 25.04.020 (d)(2) of this ordinance.
    3. Damage or Destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent of the fair market value of the structure at the time of such damage or destruction, such structure shall not be restored unless it shall thereafter conform to the regulations of the zone in which it is located including applicable off-street parking requirements. When a structure is damaged to the extent of fifty percent or less of the fair market value, no repairs or restoration, except in conformity with the applicable zone regulations, shall be made unless a zoning certificate is obtained and restoration is actually begun within six months after the date of such partial destruction and is diligently pursued to completion.
    4. Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zone in which it is located after being moved.  (Ord. 2008-0465; S-30424, 1976)