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22.40.030 General provisions.
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A. Any legally established nonconformance may be maintained in legal nonconforming status as long as no new nonconformances are created, there is no expansion of any existing nonconformity, and legal nonconforming status is not lost under any of the circumstances set forth in this section. If legal nonconforming status is lost, the structure, site, lot, or use must be brought into conformance with all applicable code requirements.

B. Development or modification of a legal nonconforming structure, site, lot, or use shall not increase or expand the degree of nonconformity.

C. A tract created to protect critical areas, provide open space, or as a public or private access tract shall not be considered legally buildable.

D. No nonconforming structure, site, lot, or use shall be created as a result of the division of land or any modification of a lot line through any subdivision or lot line revision.

E. Change of tenancy, ownership, or management shall not affect legal nonconforming status.

F. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any legal nonconforming building or part thereof declared to be unsafe by order of the city to protect the public safety.

G. This chapter shall govern nonconforming structures, sites, lots, and uses within any critical area, unless Chapter 22.80 MMC, Critical Areas, establishes more specific standards.

H. Legal nonconforming signs are regulated pursuant to Chapter 22.50 MMC, Signs. (Ord. 005/2019 § 10 (Exh. B))

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