§ 17.72.020. Restrictions on nonconforming structures and uses

Nonconformities may be continued subject to the following provisions, except as otherwise provided by Section 17.72.030.

A. Nonconforming Uses. A use, lawfully occupying a structure or a site on the effective date of this chapter or of amendments thereto, that does not conform with the use regulation for the applicable zoning district shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this article. A site that does not conform with parking, loading, landscaping, or sign regulations of the applicable zoning district shall not be deemed a nonconforming use solely because of one of more of these nonconformities. A nonconforming use of land or within a structure may be continued, transferred or sold, provided that:

1. The use shall not be expanded or intensified without complying with all applicable provisions of this development code;

2. The use shall not be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use without complying with all applicable provisions of this development code; and

3. No additional uses are established on the site unless the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this development code.

B. Nonconforming Structures. A nonconforming structure may continue to be used as follows:

1. Alterations and Additions to Structures. A building or structure that does not conform to the standards of the applicable zoning district may be structurally altered or enlarged, upon approval of any applicable permit, as follows:

a. The alteration or addition shall not increase the discrepancy between the existing conditions and the current development standards including site coverage, pervious surface, setbacks, and height.

b. A nonconforming setback may be continued provided the alteration or addition is an extension of that portion of the existing structure that encroaches into a required setback; provided, however, the alteration or addition shall not (i) extend into the required setback farther than the existing portion of the structure that encroaches into the required setback, (ii) have an area greater than fifty (50) percent of the area of the existing portion of the structure that encroaches into the required setback or (iii) exceed fifty (50) percent of the length or the existing structure that encroaches into the required setback. This provision may only be utilized once on a property. Future alterations or additions may not encroach into the required setback.

c. New construction on the second or third floors shall conform to the setback of the applicable zoning district except as provided in subsection b. above.

d. A reconstruction or alteration of a nonconforming accessory structure that are not considered part of the floor area of the main structure, such as attached or detached patio covers, may be remodeled or reconstructed utilizing the existing setback if the new structure has no greater floor area than existed before the reconstruction or alteration. For those structures without floor area, such as covered patios, the floor areas shall mean that area occupied by the structure. Measurement of this area shall be from post or other vertical support and shall not include any overhangs or projections.

e. Structures that are to be remodeled or renovated such that fifty (50) percent or greater of any existing exterior walls or existing square footage is demolished or removed within a two-year period, shall conform to all current development standards for that district.

2. Maintenance and Repair. A nonconforming structure may undergo normal maintenance and repairs provided no structural alterations are made involving the removal and reconstruction of fifty (50) percent or more of the non-conforming structure (exception: see subsection (B)(3), following); and

3. Seismic Retrofitting. Reconstruction required to reinforce unreinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

C. Nonconforming Use of a Conforming Structure. The nonconforming use of a building that otherwise conforms with all applicable provisions of this chapter may be continued, transferred and sold, as follows:

1. Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the building with conditional use permit approval.

2. Substitution of Use. The nonconforming use of a structure may be changed to a use of the same or more restricted nature, with conditional use permit approval.

D. Conforming Use of a Nonconforming Structure. A new use may occupy a non-conforming structure pursuant to the requirements herein for use permits. Structural alterations to a nonconforming structure shall be permitted when necessary to comply with the requirements of law, or to accommodate a conforming use when such alterations do not increase the degree of nonconformance.

E. Destroyed Structure. The reconstruction of a structure damaged by fire or calamity, which at the time was devoted to a nonconforming use may be authorized by the site plan permit approval, provided that an application shall be submitted within twelve (12) months and reconstruction shall commence no later than twenty-four (24) months after the date of the damage, and the reconstructed building shall have no greater floor area than the one destroyed.

(Ord. No. 2010-265, § 3, 1-27-2010)