"Complete reconstruction" means reconstruction of a nonconforming structure that has been torn down to the foundation. The preservation of a token amount of wall or similar structural part of the existing structure shall not prevent the reconstruction from being deemed a complete reconstruction.

"Nonconforming structure" or "legal nonconforming structure" means a structure that was built with all required permits and approvals and, at the time it was constructed, complied with then-applicable laws regarding setback area, floor area ratio, height, lot coverage, and all other requirements of law, but, by reason of subsequent amendment of one of more of such laws, does not fully conform to the present requirements of this code.

"Nonconforming use" or "legal nonconforming use" means a use that conformed to applicable law in effect when the use began but, by reason of subsequent amendment of such law, does not comply with the present requirements of this code.

(Ord. 639 § 16, 2003)

A.

Regarding encroachment into a setback area, a structure that is legally nonconforming because it encroaches into a setback area may be enlarged, or otherwise altered provided the encroachment does not extend further into the setback area if:

1.

Such addition or alteration does not amount to a complete reconstruction;

2.

The height of any newly constructed or reconstructed portion of the structure within the setback area does not exceed twenty-two feet;

3.

The fire chief and chief building official first determine that such enlargement or alteration will not constitute a fire or safety hazard; and

4.

The architecture and design review board finds that the proposal will allow the replacement of a deteriorated or antiquated structure or portion thereof with a sound, properly designed and constructed structure or portion thereof, and that approving the proposal will not be materially detrimental to the public health, safety, or welfare or injurious to other properties in the town.

5.

Second units are not subject to the provisions of this section but are subject to the non-conforming-use and nonconforming-structure provisions in Section 17.52.030.

B.

Notwithstanding subsection A of this section, the architecture and design review board may grant a garage exception to the requirements of subsections A.1. of this section to allow complete reconstruction of nonconforming garages if the architecture and design review board finds that granting such garage exception will allow the replacement of a deteriorated or antiquated garage (or structure used for garage purposes) with a sound, properly designed and constructed garage and that granting the exception will not be materially detrimental to the public health, safety, or welfare or injurious to other property in the town.

C.

Regarding nonconformance with the maximum allowable floor area ratio (FAR), any structure (accessory or nonaccessory) that is nonconforming because it and the other structures on the lot together exceed the maximum allowable floor area ratio (FAR), as defined in Section 17.32.030(B), or it exceeds the maximum square footage for an accessory structure or it exceeds the maximum allowable lot coverage (footprint) under Chapter 17.32, may be enlarged or otherwise altered, (but not so as to amount to a complete reconstruction) if such addition or alteration will not increase the net structural lot coverage (footprint) or net floor area that is not conforming. For example, a single-family dwelling having an FAR of twenty-seven percent may be remodeled (including removing and adding square footage) so that it has an FAR above twenty-five percent but not above twenty-seven percent.

D.

Regarding nonconformance with height limitations, any structure (accessory or nonaccessory) that is nonconforming because it exceeds current height limitations may be enlarged or otherwise altered (but not so as to amount to a complete reconstruction) without regard to current height limitations so long as such enlargement or other alteration is confined to the existing building envelope of the structure. Any enlargement or other alteration shall conform to current height limitations unless the architecture and design review board recommends otherwise, provided, however, that in no event shall any construction be higher than the existing structure.

E.

It is not the intent of this section to limit repairs and regular maintenance that are necessary to maintain the safety or soundness of a structure.

(Ord. 683 § 7, 2008: Ord. 657 § 2, 2005; Ord. 639 § 16, 2003)

(Ord. No. 692, § 3, 9-3-2010; Ord. No. 715, § 9, 6-9-2014; Ord. No. 722, § 1, 3-9-2015; Ord. No. 752, § 3, 1-14-2019; Ord. No. 761, § 13, 1-13-2020)

In the event of a fire, earthquake, or other natural disaster, all or portions of a legal nonconforming structure shall be permitted to be rebuilt, to the same or a lesser degree of nonconformity as the destroyed structure or portion(s) of structure. Rebuilding shall not be permitted for any nonconforming structure or portion of structure that is intentionally removed.

(Ord. 639 § 16, 2003)

If a nonconforming use ceases for a period of one hundred eighty consecutive days, the use of such structure or premises must thereafter conform to the provisions of this title.

(Ord. 639 § 16, 2003)

Any light standard, light fixture, or other device installed prior to December 9, 2002, to provide night lighting of tennis and play courts, and fitting the description set forth in Section 17.20.010(B) as to compliance with permits, approvals, and laws at the time of installation, may continue to be so used in the location installed but shall be a nonconforming structure and shall be subject to the provisions of this chapter. Such night lighting shall not be used between the hours of ten p.m. and seven a.m.

(Ord. 639 § 16, 2003)