No nonconforming use or nonconforming building, except when required by law or order or allowed under Section 17.76.020 of this chapter, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless a variance is granted or unless the change will bring the use or the building within the existing zoning requirements.

(Ord. 87-2 § 11.30, 1987)

A.

Minor additions or accessory buildings may be allowed to legal nonconforming single-family dwellings or to accessory buildings under the city's architectural review process without the approval of the variance providing that all of the following conditions are met:

1.

The single-family residence being altered, remodeled or accessory building added to was constructed prior to December 27, 1973, the date of the original adoption of the zoning ordinance;

2.

The proposed addition will not increase the existing floor area of the structure being altered by more than twenty percent (in the case of the construction of a new accessory building, there is no size limitation);

3.

The nonconformance of the existing residence is based on existing setback encroachments and/or lot area, lot width or lot frontage deficiencies;

4.

No portion of the proposed new addition or new accessory building will encroach into the setbacks currently require by this title in the base or combining district regulations; and

5.

The property is used expressly for a single-family dwelling use and the base zoning district is R1 or R2, and no conditional uses, such as guest houses, second housing units or bed and breakfast uses exist on the property.

(Ord. 88-11 (part), 1988)

Any nonconforming building or nonconforming use other than a single-family dwelling, that is destroyed due to damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, may be restored, repaired, reconstructed or used to its original size and use, provided that the building permit is obtained and work is commenced within six months. Any nonconforming building used as a single-family dwelling may be restored to its original size and use with no time limit.

(Ord. 87-2 § 11.40, 1987)

(a)

If a nonconforming use is discontinued for a period of one year, then all rights regarding the nonconforming use shall be terminated and the existing zoning district regulations shall apply to any further use of the property.

(b)

Any determination of discontinuance of a use allowed by a conditional use permit, pursuant to (a) above, shall proceed in accordance with section 17.88.020F of this Code, and shall include a review of all relevant evidence.

(Ord. 87-2 § 11.45, 1987; Ord. No. 2015-01, § 4, 1-14-2015; Ord. No. 2015-05, § 1, 2-25-2015; Ord. No. 2015-06, § 4, 4-8-2015)