Chapter 17.14
NONCONFORMING STRUCTURES

Sections:

17.14.010    Intent.

17.14.020    Regulations.

17.14.010 Intent.

A structure which lawfully existed on the effective date of applicable sections of the ordinance codified in this division, but which does not comply with one or more of the property development standards for the zone in which it is located, is a “nonconforming structure.” This chapter is intended to provide for the correction or removal of such structures as soon as practical, but not unduly encumber maintenance and continued use of otherwise sound structures. (Ord. 1500 § 3 (part), 2007: Ord. 941 § 1 (part), 1982: prior code § 9202.4(A))

17.14.020 Regulations.

A. A nonconforming structure that is damaged to an extent of one-half or more of its replacement cost immediately prior to such damage may be restored only if made to conform. However, residences in some zones may be allowed to be restored at the original density and size, even if the density and size do not conform to current regulations (see Section 17.16.010(E)).

B. Changes to structural elements, interior partitions or other nonstructural improvements and repairs may be made to a nonconforming building. However, demolition (see Chapter 17.100 for definition of demolition) and reconstruction shall be permitted only if the structure is made to conform.

C. Replacement costs shall be determined by the chief building official, whose decision may be appealed to the council.

D. Exceptions to this chapter may be granted by the director for historic structures designated as such in any list or plan element adopted by the city, or for buildings that are over fifty years old where the existing building and any proposed additions or modifications are compatible with the surrounding neighborhood.

E. Exceptions to this chapter may be granted to allow additions to nonconforming structures occupied by conforming uses, subject to a finding of consistency with the intent of this chapter.

1. Conforming additions to residential structures may be approved by the director without public hearing.

2. Upon approval of a use permit the director may allow other yards to be reduced to zero in some instances for minor additions to existing legal nonconforming structures (see Section 17.16.020(E)(2) (d)).

3. The value of additions allowed pursuant to subsections (E)(1) and (2) of this section shall be excluded from calculation of replacement cost of the nonconforming structure. (Ord. 1500 § 3 (part), 2007: Ord. 1346 § 2 (part), 1999; Ord. 1006 § 1 (part), 1984; Ord. 941 § 1 (part), 1982: prior code § 9202.4(B))