Except as specified in this title, any legally existing nonconforming structure or nonconforming use, may be continued even though such structure or use may not conform to the provisions of this title for the district in which it is located.

(Ord. 2008-374 § 2, 2008)

Such repairs and maintenance work as are required to keep a nonconforming structure or a structure occupied by a nonconforming use in sound condition may be made to such nonconforming structure or structure occupied by a nonconforming use. If a structure or portion thereof is voluntarily or involuntarily demolished as part of repairs or maintenance, Sections 18.46.030 and 18.46.040 govern.

(Ord. 2008-374 § 2, 2008)

A. A nonconforming structure or a structure occupied by a nonconforming use that is involuntarily damaged to less than fifty percent of the structure's current appraised value at the time of damage, may be repaired or reconstructed up to the same height, floor area, building coverage, yard, special building setbacks and impervious surfaces that existed prior to the structure being damaged, provided all other provisions of the zoning regulations are complied with and the extent of the nonconformity is not enlarged.

B.

If damage meets or exceeds fifty percent of a structure's current appraised value at the time of damage, and such structure complied with height and floor area limitations when constructed or was legalized through the provisions of the town's former second unit amnesty program, such structure may be reconstructed or replaced up to the same height, floor area, building coverage and impervious surfaces that existed prior to the structure being damaged, provided all other provisions of the zoning regulations are complied with, the extent of nonconformity is not enlarged and the design is approved by the architectural and site control commission as provided for in Chapter 18.64. In all other cases, if damage meets or exceeds fifty percent of a structure's appraised value, restoration or reconstruction of such structure shall conform to all other provisions of the zoning regulations in effect at the time of such restoration or reconstruction.

C.

For the purpose of this chapter, involuntary damage is defined as damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or force majeure.

D.

Unless otherwise stated, this provision does not apply to buildings addressed in Section 18.46.050 or 18.46.051.

E.

The current appraised value of a structure shall be prepared by an independent appraiser, retained by the property owner and approved by the town.

(Ord. 2011-390 § 10, 2011; Ord. 2010-387 § 1, 2010; Ord. 2008-374 § 2, 2008)

When a nonconforming structure or any portion thereof is voluntarily demolished and the reconstruction meets or exceeds fifty percent of the structure's current appraised value, such structure shall adhere to all current requirements of the zoning regulations. If demolished less than fifty percent of the current appraised value, the provisions of Section 18.46.030A. govern as if it were involuntarily damaged. Notwithstanding the foregoing sentence, a building for human occupancy within an earthquake fault setback is governed by Sections 18.46.051A. through D.

(Ord. 2010-387 § 2, 2010; Ord. 2008-374 § 2, 2008)

A building for human occupancy that does not conform to special building setback lines - EF (earthquake fault) and is damaged by any cause, including but not limited to earthquake, fire or flood, and the damage meets or exceeds fifty percent of the structure's current appraised value as defined by Section 18.46.030 at the time of damage, if rebuilt, shall conform to the following provisions of this section. If damaged less than fifty percent of the current appraised value of the structure, the provisions of Section 18.46.051 govern.

1.

If damage is caused by other than fault rupture, the building shall:

a.

Conform to the required fault setback; or

b.

Be located a minimum of fifty feet from the most recent active fault which has been located by a geologic study undertaken for the property and approved by the town; or

c.

Occupy a site which a geologic study has demonstrated to be clear of the hazard of surface fault rupture for a distance of fifty feet toward the closest mapped fault trace.

2.

If damage is caused by fault rupture, the property owner shall undertake a geologic study to document in detail the character and width of the recently broken rupture zone and the structure shall be rebuilt at least fifty feet from the fault rupture zone.

3.

Buildings are not required to conform to locations specified in subsections 1. and 2. of this section if any of the following circumstances exist and in such case a lesser setback shall be permitted by the planning commission:

a.

Locations conforming with subsections 1. or 2. of this section do not provide a significantly greater amount of safety from fault offset or other geologic hazards than a location within the fault setback; or

b.

There is no location for rebuilding which conforms to the fault setback, required side or rear yards, or such yards as might be modified by approval of a variance; or

c.

Total cost to a property owner to conform to the requirements of subsections 1. or 2. exceeds thirty-five percent of the current appraised value of the structure(s) prior to damage. A property owner, in addition, shall submit financial information comparing the total costs of rebuilding the damaged building(s) in the existing location(s) with the total costs of rebuilding a comparable building(s) in a location conforming with the requirements of this section. Total costs shall include but not be limited to geologic and structural engineering studies, design costs, demolition costs and construction costs. The current value and other financial information shall be prepared by an independent appraiser retained by the property owner and approved by the town council.

4.

In the event a lesser setback is authorized by subdivision 3. a., b. or c. of this section, the amount of setback reduction shall be determined by the planning commission upon submission of such geologic information as the town may require and as advised by the town geologist. The reduction shall be the minimum necessary to allow the rebuilding of a similar building to the one that was damaged. If reconstruction takes place over a fault trace or fault rupture zone, an engineering study shall be submitted by the applicant to determine the risk of collapse from fault rupture and to specify measures to reduce such risk to an acceptable level. Such measures shall be adhered to in building construction. A replacement building shall conform to building code and site development requirements in effect at the time of replacement.

5.

The terms "rebuilt" or "rebuilding," as used in this section do not necessarily mean that a building will be allowed to be rebuilt in the same size and configuration as it existed prior to damage if modifications are necessary to increase safety from earthquake faulting or other geologic hazards.

6.

The provisions of this section do not and shall not be interpreted to preclude rebuilding on a parcel due solely to a lack of compliance with fault setbacks, provided that, a building for human occupancy shall not be built across an active fault trace. The final design for rebuilding requires approval by the town council. In such a case, the best possible geotechnical and structural engineering solution will be required.

(Ord. 2010-387 § 2, 2010; Ord. 2008-374 § 2, 2008)

Editor's note— Ord. 2010-387, § 2, adopted Oct. 27, 2010, changed the title of § 18.46.050 from "Replacement of buildings in earthquake fault setbacks" to "Repair, reconstruction or replacement of involuntarily damaged buildings in earthquake fault setbacks."

The following provisions relate to buildings for human occupancy in existence prior to the effective date of this provision (October 27, 2010) that do not conform to special building setback lines - EF (earthquake fault) as provided for in Section 18.58.030.

A.

All changes to buildings addressed in [subsections] B. through D. below may not exceed the same height, floor area, building coverage, yard, special building setback other than for earthquake faults, and impervious surface limits that existed prior to change or damage except as otherwise permitted by [subsection] C. below.

B.

Buildings within fault setbacks that cross a fault trace may be repaired, altered and remodeled but not enlarged provided the costs, other than for seismic upgrades, do not exceed fifty percent of the appraised value of the building, and the construction work incorporates seismic strengthening as recommended by the building inspector and town geologist as being reasonably commensurate with the work subject to the building permit.

C.

Buildings within fault setbacks that do not cross a fault trace may be repaired, altered, remodeled and enlarged by up to four hundred square feet provided the costs, other than for seismic upgrades, do not exceed fifty percent of the appraised value of the building, and the construction work incorporates seismic strengthening as recommended by the building inspector and town geologist as being reasonably commensurate with the work subject to the building permit. Such increase in floor area shall not cause the building to exceed the floor area limits of the zoning ordinance in effect at the time of the application.

D.

Buildings that cross a fault setback may be repaired, altered and remodeled provided the costs, other than for seismic upgrades, do not exceed fifty percent of the appraised value of the building. Also, an addition outside of the setback is permitted provided the existing building and the addition consist of two buildings that are structurally independent or are of appropriate design so that fault movement under the building partially within the fault setback likely will not result in fault-caused damage to the addition as determined by the town geologist and building inspector. Changes to the building partially within the setback and the addition should conform to building code standards in effect at the time of the building permit application, and construction work shall incorporate seismic strengthening as recommended by the building inspector and town geologist as being reasonably commensurate with the work subject to the building permit. An addition outside the fault setback shall not cause the existing building and addition to cumulatively exceed the floor area limits in effect at the time of the application.

(Ord. 2010-387 § 4, 2010)

Except for those conditional uses permitted under this title for which a use permit was granted by the town prior to the adoption of the regulations codified in this title, any use existing on August 17, 1967, which is listed as a conditional use in the district wherein located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this title.

(Ord. 2008-374 § 2, 2008)

No existing structure occupied by a use not permitted by this title in the district in which such structure is located shall be enlarged, extended, reconstructed, substituted or structurally altered except when required to do so by law or order, unless the use thereof is changed to a use permitted in the district in which such structure is located, except as herein provided. The land area occupied by a nonconforming use on any parcel shall not be increased. No nonconforming use shall be expanded, changed in character, intensified or change its hours of operation except as set forth in Section 18.46.080 below.

(Ord. 2008-374 § 2, 2008)

A. When authorized by the planning commission as a conditional use, in accordance with the provision of Chapter 18.72, the substitution of one nonconforming use for another nonconforming use of a similar or less intensive character may be made.

B.

When authorized by the planning commission as a conditional use, in accordance with the provision of Chapter 18.72, the character, intensity and hours of operation of a nonconforming use may be modified.

C.

Whenever a nonconforming use has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.

D.

When authorized by the planning commission as a conditional use, in accordance with the provisions of Chapter 18.72, a nonconforming use may be extended throughout those existing parts of a building which were manifestly designed or arranged for such nonconforming use prior to the date when such use of such building became nonconforming, provided that no structural alterations, except those required by law, are made therein.

(Ord. 2008-374 § 2, 2008)

A. Structure designed for a nonconforming use. Where the nonconforming use of a structure, which was originally designed for a nonconforming use, has ceased for twelve months or more, such structure shall not thereafter be put to a nonconforming use.

B.

Structure not designed for nonconforming use. Where the nonconforming use of a structure, which was originally designed for a conforming use, has ceased for six months or more, such structure shall not thereafter be put to a nonconforming use.

C.

Nonconforming use of land. Where the nonconforming use of land involving no structures other than minor structures such as fences and signs or buildings less than four hundred square feet in floor area, has ceased for ninety days or more, such land shall not thereafter be put to a nonconforming use.

D.

Cessation for use defined. A use shall be deemed to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon the use or not.

(Ord. 2008-374 § 2, 2008)