Chapter 17.24
NONCONFORMANCES

Sections:

17.24.010    Nonconformers.

17.24.020    Permitted when.

17.24.030    Enlargements.

17.24.040    Repairs, remodeling, additions.

17.24.045    Work limited to interior.

17.24.050    Replacements.

17.24.010 Nonconformers.

The regulations in this chapter require owners of nonconforming structures to take measures to correct nonconformity when undertaking certain remodeling and expansion projects. The regulations accommodate minor revisions and additions to nonconforming buildings and structures. The regulations discourage incremental changes to nonconforming buildings and structures that cumulatively circumvent the current zoning standards. Proposed activities that exceed the limits of this chapter are required to adhere to the zoning requirements for open space, protection of exterior views, air and light, and fire safety. (Ord. 646 § 1, 2013; Ord. 549 § 1, 2005)

17.24.020 Permitted when.

Any structure lawfully established, that does not conform with subsequently adopted restrictions of the zoning in which it is situated, is permitted to continue and be maintained. (Ord. 646 § 1, 2013; Ord. 549 § 1, 2005)

17.24.030 Enlargements.

A proposed enlargement of a nonconforming structure not covered by or in violation of the regulations listed herein may only be executed through the variance procedure of the hearing examiner. (Ord. 646 § 1, 2013; Ord. 549 § 1, 2005)

17.24.040 Repairs, remodeling, additions.

Repairs, remodeling, structural modifications, additions, and enlargements are allowed to a nonconforming structure; provided, that all of the following conditions are met:

A. The structure is permitted per Chapter 17.12 YPMC;

B. The work does not increase the degree of nonconformity;

C. The work does not involve the demolition of more than 25 percent of the structure’s perimeter;

D. The work does not add over 25 percent to the existing structure area;

E. The work does not add over 100 percent to the existing habitable floor space.

Additions or enlargements that do not meet the requirements of this section require that the entire structure be brought into conformity with the zoning code. (Ord. 646 § 1, 2013; Ord. 549 § 1, 2005)

17.24.045 Work limited to interior.

The repair, remodeling, and/or structural modification to a nonconforming structure that does not in any way alter the exterior of the structure is permitted, regardless of project size or cost. (Ord. 646 § 1, 2013)

17.24.050 Replacements.

A. Whenever a building or structure that is nonconforming is destroyed by catastrophic event, such nonconforming structure may thereafter be replaced within 18 months by a similarly nonconforming structure only if the replacement structure does not exceed a duplicate of the original in any external dimensions and location.

B. Replacement of a roof, windows, doors, garage doors, and/or siding on a nonconforming structure is permitted; provided, that the replacement does not increase any nonconformity. (Ord. 646 § 1, 2013; Ord. 549 § 1, 2005)