17.30.030 Nonconforming Buildings or Structures.
(1) Definition. A nonconforming building or structure is one that was once allowed by applicable land use regulations, but no longer would be allowed, due to the passage or later change of this Title or, where applicable, prior land use regulations of the city.
(2) Continuation. A nonconforming building or structure may be continued, but it may not be altered, enlarged or extended unless this alteration, enlargement, or extension fully conforms with existing standards. The terms “enlarged and extended” as used herein mean the enlargement of a building or structure by increasing square footage, increasing building or structure height or the extension thereof by the addition of accessory buildings or structures or other similar extensions.
(3) Value. The value of a nonconforming building or structure shall be determined from the International Conference of Building Officials (ICBO) building permit valuation tables in use on the date the damage occurs. The owner of a damaged building or structure may obtain an independent appraisal. Any discrepancies as to value between the two appraisals shall be referred to the hearing examiner for resolution.
(4) Maintenance and Alterations.
(a) Ordinary maintenance and repair of a nonconforming building or structure are allowed.
(b) Alterations which conform to all provisions of this Title, do not result in any enlargement or extension of a nonconforming use, building, or structure are allowed.
(c) Alterations required by law to meet health and safety regulations are allowed.
(5) Damage and Reconstruction.
(a) If any nonconforming structure located in a nonresidential zone is destroyed or sustains damages amounting to seventy-five (75) percent or more of its value, then any future use of the property formerly occupied by that building or structure shall conform to all requirements of this Title.
(b) If any nonconforming structure located in a nonresidential zone sustains damages amounting to less than seventy-five (75) percent of its value, it may be reconstructed and used for the nonconforming use in existence at the time the damage occurred if the reconstruction begins within one (1) year from the date the damage occurred. The structure may be rebuilt having the same zoning nonconformities, but no more than as existed before the damage occurred. The damage to the structure must be the result of some unforeseen event such as a fire or flood, or the result of natural deterioration, as opposed to the voluntary demolition of part of the structure by the owner.
(c) If any nonconforming residential structure located in a residential zone is destroyed or sustains damages up to one hundred (100) percent of its value, the structure may be reconstructed having the same zoning nonconformities, but no more than as existed before the damage occurred; provided, however, parking shall conform to the requirements of the Zoning Code in existence at the time of application for a building permit to repair or replace the damaged structure. The damage to the structure must be the result of some unforeseen event such as a fire or flood, or the result of natural deterioration, as opposed to the voluntary demolition of all or part of the structure by the owner. (Ord. 22-2 §8, 2022; Ord. 03-33 §5, 2003; Ord. 87-9 §1, 1987).