§ 9.10.030. Restrictions on nonconforming structures.

(a)

Continuation of nonconforming uses, buildings and structures. Each and every nonconforming use, building or structure may be continually utilized and maintained, subject to the provisions of this chapter and for the time period set forth in this chapter, provided that no alteration, addition or enlargement as to any such use, building or structure shall be permitted, except as otherwise expressly provided herein.

(b)

Repair and maintenance.

(1)

Ordinary repair and maintenance. The ordinary repair and maintenance of a nonconforming building or structure shall be permitted, provided that the cost thereof shall not exceed, in any calendar year, an aggregate total of 50 percent of the then assessed value of the building or structure.

(2)

Eminent domain. The repair, reconstruction or remodeling of any building or structure shall be permitted where part of such building or structure is taken for any public use by condemnation, dedication or purchase by any agency having the power of eminent domain. Such reconstruction, alteration or repair shall be limited to that necessary to render the said building or structure reasonably safe for continued use.

(3)

Conforming buildings. This section shall not be construed to place any limitation upon any reconstruction, repair or remodeling deemed appropriate by the property owner where the building or structure is conforming, but the use thereof is not.

(4)

Partial destruction. Where any nonconforming building or structure is damaged or partially destroyed by fire, explosion, Act of God, or any other casualty, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty, provided that:

a.

The aggregate total reconstruction cost does not exceed a sum equal to twice the then assessed value of the building or structure;

b.

All such construction and/or repair work shall be completed within a period of one year from and after the date of the occurrence of the casualty.

(5)

Assessed value. For the purpose of this section, the term "assessed value" means the then assessed value of the building or structure as shown on the current assessment role in effect at the time of the occurrence of such casualty, or, the time of the maintenance and repair.

(c)

Permitted alterations and/or additions to nonconforming buildings and structures. Nothing in this chapter shall be deemed to prevent the extension, expansion, construction, reconstruction or enlargement (hereinafter "work") as to a nonconforming building or structure under any of the following conditions:

(1)

Elimination of nonconformity. Such work shall be permitted in order to render the use, building or structure in conformity with the provisions hereof;

(2)

Compliance with laws. Such work shall be permitted in order to comply with any law enacted subsequent to the adoption of the provisions of this chapter, other than development code regulations;

(3)

Nonconformity; parking facilities, residential uses. Such work shall be permitted as to any residential use which is nonconforming solely by reason of a lack of off-street parking facilities, without complying with the off-street parking requirements hereof if such work does not result in additional units being constructed upon the lot. If such work does not result in the addition of residential units, then compliance shall be had with the off-street parking requirements of this title for all such units located upon such lot, including new or additional units; or

(4)

Reconstruction. Such work shall be permitted to replace a nonconforming building or structure in its entirety, or in part at a cost that exceeds 50 percent of its then assessed value, provided that the new building or structure does not change or intensify the previous use.

(d)

Effect of work.

(1)

Accomplishment of any work permitted pursuant to Subsection (c) of this section, or repair or maintenance, permitted pursuant to Subsection (b) of this section, shall not be construed so as to extend the termination date of the nonconforming use, building or structure to which the same relates.

(2)

Prior to the issuance of a building permit, the owner of the property shall submit a statement, in writing, to the City declaring that the accomplishment of any permitted work pursuant to Subsection (b) or (c) of this section shall not extend the termination date of the nonconforming use, building or structure to which the same relates, so that the new building or structure shall have the same termination date as the building or structure that was replaced.

(e)

Exemption and exceptions.

(1)

Buildings or structures under construction. Any building or structure for which a valid lawful building permit has been issued, and is in force prior to the operative date of these regulations, or any amendment hereto, which enactment has the effect of rendering said building or structure nonconforming, may be completed and utilized provided that the same is completed in accordance with the plans and specifications based upon which such building permit was issued.

(2)

Public utilities exempt. The foregoing provisions of this chapter concerning the required removal of nonconforming buildings and structures partially destroyed shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service or distribution of a utility, such as steam electric generating stations, electric distribution and transmission substations, communications equipment buildings, water wells and pumps, gas storage, metering and valve control stations; nor shall any provision of this chapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and facilities, as are used directly for the delivery of or distribution of the service, provided that this section shall not exempt such uses from the provisions hereof covering nonconformity of such buildings, structures or uses, as to those not immediately related to the direct service to consumers, such as warehouses, storage yards and the like.

(3)

Public acquisition. Whenever any lot, building or structure or portion thereof is rendered nonconforming, within the meaning hereof, solely by reason of dedication to, or purchase by, a public agency for any public purpose or eminent domain proceedings, the same shall not be deemed nonconforming within the meaning of this chapter, provided that if, subsequent to such acquisition, the buildings and/or structures located upon such lot are wholly destroyed, no reconstruction shall take place unless compliance is had with all of the provisions thereof.

(Ord. No. 297, § 9.02.030.030, 3-20-2007)