Chapter 25.145
NONCONFORMING USES
Sections:
25.145.010 Nonconforming buildings and uses.
25.145.030 Maintenance and reconstruction.
25.145.040 Structural alteration or enlargement.
25.145.010 Nonconforming buildings and uses.
Except as otherwise provided, this chapter shall apply to buildings, structures, land, and uses which become nonconforming as a result of this code. (Ord. 02-707 § 1)
25.145.015 Procedure.
An application to modify, alter, reduce, enlarge, maintain, restore, reconstruct or repair an existing nonconforming use or nonconforming structure will be processed under the Type III procedure. Processes for all procedures are set forth in DMC 25.175.010. (Ord. 02-707 § 1)
25.145.020 Effect of removal or destruction of nonconforming buildings or discontinuance of nonconforming use.
If a nonconforming building is destroyed, removed, or suffers damage of 50 percent or more of its market value, future uses of the land must conform to this code. If a nonconforming use is discontinued for more than one year, the land or building may not again be occupied or used except by a conforming use. (Ord. 02-707 § 1)
25.145.030 Maintenance and reconstruction.
Upkeep, repair, and maintenance of nonconforming buildings is permitted. A nonconforming building damaged by less than 50 percent of its market value by fire, explosion, other casualty, act of God or other cause beyond the owner’s control may be restored and the prior use may be continued, subject to all provisions of this code, if restoration is commenced within one year from the damage and completed with reasonable diligence. (Ord. 02-707 § 1)
25.145.040 Structural alteration or enlargement.
Nonconforming buildings may not be enlarged or structurally altered except:
(1) To make the building more conforming;
(2) Where required by law;
(3) Where a building is nonconforming only because of substandard yards, open spaces, area, or height and the structural alterations and enlargements do not increase the degree of nonconformity;
(4) Structural alterations which do not increase the floor space are permitted where necessary to adapt a nonconforming building to new technologies or equipment for the existing uses;
(5) Other structural alterations may be authorized as conditional uses under Chapter 25.135 DMC, Conditional Uses, if the alteration will improve the safety, appearance, or functionality of the property or make it less detrimental to other uses in the vicinity. (Ord. 02-707 § 1)