20.80.010 Application of regulations.
The following regulations shall apply to all nonconforming uses of property not in violation of this or any other ordinance or law at the time this zoning code or any amendment to the zoning code becomes effective.
A. Continuation of Legal Nonconforming Uses. A legal nonconforming use may be continuously maintained, provided there is no alteration or addition to any structure, nor any enlargement of area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.
B. Repairs and Alterations to a Legal Nonconforming Use. Ordinary repairs and maintenance, not exceeding an aggregate cost of 50 percent of the current assessed value as determined by the building official, may be made to a nonconforming structure. Where any part of a lawfully nonconforming building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed, or remodeled with the same or similar kind of materials as used in the existing buildings.
C. Additions to a Legal Nonconforming Use. This section does not authorize the extension, expansion, or enlargement of a legal nonconforming use or permit the addition of structures or other facilities in conjunction with such nonconforming use, except as follows:
1. Changes Required by Other Laws. A use may be extended, expanded, or enlarged to the extent required by a subsequently enacted law, ordinance, or regulation.
2. Residential Uses Nonconforming to Off-Street Parking Regulations. Additions may be made to lawfully existing dwelling units without requiring any additional garage, carport, automobile storage space, or driveway paving; provided, that such additions do not:
a. Increase the number of dwellings on the subject lot; nor
b. Occupy a portion of the property that the director of community development determines to be the only remaining location appropriate for the garages, carports, or automobile storage space required by this zoning code.
3. Nonresidential Uses Nonconforming to Off-Street Parking Regulations. Nonresidential uses which are legally nonconforming as to the off-street parking required by this zoning code may be extended, expanded, or enlarged without providing all the off-street parking otherwise required by this zoning code if the additional off-street parking to meet the requirements of the addition, expansion, or extension under Chapter 20.64 CMC is provided.
4. Minor Alterations and Expansions. A use may be altered if the director of community development determines that the changes are limited to minor alterations, improvements, repairs, or changes of use which do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use. Any new structure other than garages or carports shall constitute an expansion or intensification of the use and shall not be permitted except under this subsection. Notwithstanding, minor expansions limited to an increase in floor area of 25 percent may be permitted with a conditional use permit.
5. Preservation of Abatement Period. No change or alteration made to any development or use shall be construed to authorize an extension of any time limit for the termination of a nonconformity.
D. Repair of Damaged or Partially Destroyed Structure. The following restrictions apply to the repair and/or reconstruction of legal nonconforming uses and structures:
1. Any legal nonconforming structure or structure containing a legal nonconforming use that is damaged or partially destroyed by fire, explosion, act of God, act of a public enemy, collapse, or any other casualty or calamity to the extent that the cost of restoration to the condition in which it existed immediately prior to the occurrence of such damage or destruction, may be reconstructed, provided the reconstruction cost does not exceed one and one-half times the assessed value of the entire structure based on the assessment roll that was current immediately prior to the time of damage or destruction.
2. All such construction or repairs shall be started within one year from date of damage and shall be pursued diligently to completion. Such repair or reconstruction of damaged legal nonconforming structures shall not extend the termination date of such structure as specified by this zoning code.
3. In determining the reconstruction cost of any legal nonconforming structure, there shall not be included therein the cost of land or any factors other than those concerning the nonconforming structure itself.
E. Structures Under Construction. Any structure for which a valid building permit has been issued prior to the effective date of this zoning code may be completed and used in accordance with the plans and specifications on which such building permit was granted, provided construction is commenced within 180 days after the issuance of such permit and diligently pursued to completion.
F. Nonconforming Uses Limit Other Uses. While a legal nonconforming use exists on any lot or parcel of land, no new use may be established thereon, unless the following conditions prevail:
1. Each existing and proposed use, including appurtenant structures, improvements, and open space, must be located on a lot or parcel of land having the required area for each such use.
2. These uses must be located so that the lot or parcel of land can be divided into smaller lots or parcels of land, each of which will contain not less than the required area, and on each of which the number and location of structures will comply with the requirements of this zoning code, when considered as a separate lot or parcel of land. (Ord. 690 § 4 (Exh. A), 2018).