22.40.060 Nonconforming structures.
A. Legal Nonconforming Structures. A legal nonconforming structure is a structure that conformed to the applicable code requirements that were in effect at the time of its construction, but does not conform to the current regulations of the zoning district in which it is situated due to subsequent changes in code requirements. Legal nonconforming structures may be altered, repaired, enlarged, added to or moved only as regulated by this section.
1. Enlargement. A structure that is legal nonconforming solely by reason of substandard yard, height, area or other bulk requirements, and is not occupied by a nonconforming use, may be enlarged. The enlargement shall conform to the regulations for the zoning district in which the building is located.
2. Interior Remodel. An interior remodel of a legal nonconforming structure is permitted and will not result in loss of legal nonconforming status regardless of the cost or extent of the interior remodel, provided no exterior alteration or enlargement is involved.
3. Repairs and Maintenance. Repairs and/or maintenance necessary and incidental to meeting requirements of law regarding building safety, including but not limited to the International Building Code, International Residential Code, or International Fire Code, may be performed on a building or structure. In no event shall the repair of a building or structure result in the expansion of any existing nonconformity or the creation of any new nonconformity.
4. Relocation. Legal nonconforming structures that are moved to another location, either within the same zoning district or to another zoning district, must conform to all the rules and regulations of the zoning district to which it is moved.
5. Reconstruction. Legal nonconforming structures, when destroyed by accidental causes, may be rebuilt to the original building footprint and bulk requirements, and may be occupied by the same use after reconstruction subject to the following conditions:
a. The extent of the previously existing nonconformance is not increased;
b. No new nonconformities are created;
c. A complete building permit application for repair or reconstruction is submitted to the city by the owner of the property within twelve months of the date of the occurrence of damage or destruction;
d. The structure has not been damaged or destroyed beyond seventy-five percent of its assessed value;
e. Legal nonconforming residential structures located in any single-family or multifamily residential zoning district may be rebuilt to their original dimensions and bulk after destruction by accidental causes. However, legal nonconforming residential structures may not be altered except as provided in this section;
f. If a change in ownership of a structure subject to restoration under this section occurs after the date of the occurrence of damage or destruction, but prior to completion of such restoration, the legal nonconforming status of the structure shall be lost and it shall not be reconstructed except in conformity with the provisions of this chapter;
g. For the purposes of this chapter, accidental causes include accidental fire, storm, earthquake, or any other natural disaster, or an act of vandalism, terrorism, or war. Reconstruction shall not be permitted for a structure subject to the National Flood Insurance Program (NFIP) unless it complies with all applicable NFIP requirements.
B. Illegal Nonconforming Structures. A structure that was not legally constructed in accordance with the laws of the local governmental entity in which it was located at the date of its creation is an illegal nonconforming structure and will not be allowed by the city to remain pursuant to MMC 22.40.090(C), Illegal Nonconformances. (Ord. 005/2019 § 10 (Exh. B))