Purpose. The intent of these regulations is to provide reasonable standards governing the future utilization of uses, structures and lots existing at the effective date of this chapter and not in conformance with the provisions hereof.

Applicability.

Lawful Use. Any lawful use of land and/or structure existing or under construction at the time of adoption of this chapter may be continued even if such use does not conform with the provisions of the district in which it is located, and shall not be expanded or modified except as provided for in this subsection.

Nonconforming Structure. A structure, lawfully occupying a site at the time of adoption of this chapter, that does not conform with the standards for setbacks, height, floor area, driveways, or open space for the district in which the structure is located shall be deemed a nonconforming structure and may be used and maintained, except as otherwise provided in this section.

Permitted Use of Nonconforming Lot. A nonconforming lot may be occupied by any use permitted in the zoning district in which the lot is located, subject to the requirements of this chapter, including but not limited to setbacks, height, and lot coverage.

Maintenance of Nonconformity. Any maintenance of a nonconforming structure, a structure on a nonconforming lot, or a structure containing a nonconforming use, consisting of repair work necessary to keep the structure in sound condition shall be permitted.

Nonconforming Use: Enlargement. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site which it did not occupy at the time of adoption of this chapter, or of the amendments thereto that caused the use to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

Structure Containing a Nonconforming Use: Moving, Alteration or Enlargement. A structure, the use of which is nonconforming, shall not be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.

Nonconforming Structures: Additions and Enlargements. A nonconforming structure, or a structure located on a nonconforming lot, if such structure is used for residential purposes may be enlarged or extended, and the number of dwelling units may be increased to the maximum density allowed in the district, provided that no greater degree of nonconformity results with respect to the requirements of the district within which it is located and of this section, and that there is compliance with all applicable City building and housing codes. The preexisting portion of the facility need not be brought into conformance with this chapter, except as herein provided.

Exception. Nonconforming walls may be extended vertically or horizontally subject to a use permit, pursuant to subsection 20.100.030. (See note 19, Site Regulations Table 2A, Residential, subsection 20.24.020.A.)

Nonconforming Structures: Moving. Any nonconforming structure that is moved shall conform to the standards for setbacks, height of structures, maximum allowable floor area, distances between structures, driveways, or open space prescribed in the regulations for the district to which the structure is moved.

Nonconforming Uses or Structures. A nonconforming structure, or a structure containing a nonconforming use, which is destroyed to the extent of not more than fifty (50%) percent of its replacement value by fire, wind, flood, earthquake or other calamity, may be restored to its prior condition and use provided that the restoration is started within twelve (12) months from the date destruction occurred and is diligently pursued to completion. If such damage or destruction (or voluntary or legally-mandated razing) exceeds fifty (50%) percent of the replacement value, then the structure and its use shall conform to the provisions of this chapter.

Damaged Structures on Nonconforming Lots. A structure located on a nonconforming lot which is destroyed to the extent of not more than fifty (50%) percent of its replacement value by fire, wind, flood, earthquake or other calamity, may be restored to its prior condition. If such damage or destruction exceeds fifty (50%) percent of the replacement value or if the structure is voluntarily razed or is required by law to be raised, the structure may be restored or replaced but only in conformance with this chapter; and if such lot is located contiguous to a lot held by the same owner, the lots shall not be considered as merged, pursuant to Municipal Code Section 22-11, if the owner begins construction within twelve (12) months of the date on which destruction occurred.

Replacement Cost. Estimates of the replacement cost shall be based on building industry standard unit costs or other acceptable cost estimating procedures, which shall be reviewed and approved by the Community Development Director.

Exception for Damaged Residential Structures. Notwithstanding paragraphs A, B and C above, any structure containing one or more dwelling units, including a structure that includes nonresidential use, that is involuntarily destroyed to the extent of fifty (50%) percent or more of its replacement value by fire, wind, flood, earthquake or other calamity, may be restored to its prior size and number of dwelling units, providing such restoration conforms to all of the following conditions: