Division III — NONCONFORMING STRUCTURES

(a) Continuation of Structure. Any legally established nonconforming structure that does not conform to the provisions of this title with regard to maximum permitted height, minimum required setback, and/or maximum permitted encroachment into required yard areas may be continued indefinitely.

(b) Exceptions. The following are the exceptions to the indefinite continuation of a legal nonconforming structure:

(1) Residential structures. Any increase in the number of residential units for buildings designed and occupied for residential use.

(2) Nonresidential structures. Any nonresidential building, structure, or facility designed or intended only for uses which are nonconforming shall be removed, or the design and use thereof shall be made conforming in all respects within twenty-five years from the date of construction or the effective date of this zoning ordinance, whichever is later.

(3) Utilities. Any new or replacement utility/mechanical facilities, equipment, or construction shall conform to the maximum extent feasible, as determined by the community development director.

(4) Fences and landscaping. Any fences and landscaped buffers that are required along property lines shall be provided at the time of any expansion or intensification of a nonresidential use.

(5) Encroachments in commercial zoning districts. Within the commercial zoning districts, any nonconforming encroachment into required yards may be required to be removed or reduced upon review by the approving authority as follows:

(A) When an expansion in floor area which is greater than fifty percent of the existing floor area is proposed for any structure maintaining a nonconforming encroachment, or

(B) When an expansion in floor area is proposed anywhere within an integrated development which is greater than fifty percent of the total floor area of all structures within the integrated development.

(6) Outdoor storage and display. Trash areas or facilities, outdoor storage areas, and outdoor display areas shall be made fully conforming at the time of any expansion or intensification of use on the site.

(Ord. 612 Exhibit A (part), 2008).

The provisions contained in Section 21.76.120 of this title shall regulate nonconforming on-site and off-site signs. (Ord. 612 Exhibit A (part), 2008).

(a) A legal nonconforming structure shall not be modified in a manner that expands, extends, or enlarges the use in any manner beyond its existing scope upon the effective date of this zoning ordinance, except as follows:

(1) The modifications are, in and of themselves, in conformance with the provisions of this title.

(2) The modifications are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

(3) The modifications are required by other laws.

(4) The modifications are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

(b) No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.

(Ord. 612 Exhibit A (part), 2008).

(a) If at any time a legal nonconforming structure is destroyed by fire, act of God, or act of the public enemy to the extent that more than fifty percent of the assessed value of replacing the structure, such structure is subject to all current provisions of this title. Replacement costs are to be estimated by the building official. In the case of a structure that is necessary to the functioning of a complex of structures, the estimates of repairs and replacement costs shall be for such interdependent complex as a whole. In the case of successive incidents of damage, the estimate of repair cost shall be for all uncompleted repairs following the most recent damage.

(b) The repair of structures pursuant to this section shall not be construed as authorizing an extension of any time limit for the termination of a nonconformity.

(Ord. 612 Exhibit A (part), 2008).

If any legal nonconforming structure is abandoned or the use thereof discontinued for a period of one hundred eighty consecutive days or more, subsequent development of the land shall be in conformity with the provisions of this title. Maintenance of a valid business license shall of itself not be considered a continuation of the use. (Ord. 612 Exhibit A (part), 2008).

When a structure is relocated to another lot, it shall be made conforming in all respects with the provisions of this title and all other applicable laws and regulations.

(Ord. 612 Exhibit A (part), 2008).