§ 17.56.160. Additions and structural alterations to nonconforming structures occupied by conforming uses.

A.

Additions of Less Than Twenty-Five Percent of Existing Floor Area. Structures which are not in conformance with this title and occupied by conforming uses may be enlarged, extended, or structurally altered or repaired so long as such enlargement, extension, alteration or repair meets the following requirements:

1.

Increase of floor area: it does not result in an increase in excess of twenty-five percent of the habitable floor area of an existing residential structure (not including floor area of the garage or carport) or gross floor area of a nonresidential structure;

2.

Conformance: it is in conformance with all provisions of this title; and

3.

Other requirements: provided that the other requirements of this section, as applicable, are satisfied;

4.

Number of expansions: nonconforming structures may be expanded in accordance with this section one time only.

5.

Parking.

a.

Nonresidential Structures. A nonresidential structure which is nonconforming because it does not satisfy the parking requirements of this title may not be expanded unless the parking spaces which are required for the expansion are provided in accordance with applicable provisions of this title.

b.

Residential Structures. A residential structure that is nonconforming because two spaces have not been previously required by this title may be altered or expanded with only one covered space, provided that such alterations or expansions of an individual dwelling shall not cumulatively exceed twenty-five percent of the habitable floor area at the time of the first expansion or alteration.

c.

Exception. No residence may be constructed or expanded by more than one thousand square feet of additional habitable area without providing for two parking spaces.

6.

Height. A structure which is nonconforming because it exceeds the height limit may be expanded only upon obtaining a conditional use permit in accordance with Chapter 17.60.

7.

Lot Coverage. A structure which is nonconforming because it exceeds the maximum allowable lot coverage may be expanded only if the expansion does not involve any further lot coverage.

8.

Minimum Lot Size and Building Site Size. Any structure which is nonconforming only because it is located on a lot which does not meet minimum lot size or building size standards may be expanded provided that such expansion complies with this title. Any structure which is nonconforming because it is located on a lot which does not meet minimum lot size or building size standards and is also nonconforming with any other provision of this title may be expanded only upon obtaining a conditional use permit in accordance with Chapter 17.60.

B.

Additions in Excess of Twenty-Five Percent of the Existing Floor Area. Enlargements, extensions, or structural alterations to structures not in conformance with this title which would result in an increase in excess of twenty-five percent of the floor area of the existing structure may be permitted subject to obtaining a conditional use permit in accordance with Chapter 17.60. In addition to the findings required by Chapter 17.60, the planning commission must make the following additional findings before approving the conditional use permit:

1.

The enlargement, expansion, or alteration is in conformance with this title;

2.

It satisfies all other provisions of this section, as applicable;

3.

It meets applicable Title 14 requirements for a conforming use;

4.

It is suitable for conforming uses and will not impair the character of the zone in which it exists; and

5.

The planning commission finds that it is not feasible to make the structure conforming without major reconstruction of the existing structure.

C.

Repairs To Unsafe Buildings And Incidental Repair. Nothing in this section shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector or fire chief provided that any expansions shall comply with the applicable requirements contained in subsections A and B of this section. Furthermore, this section shall not be construed to prevent incidental repair or maintenance of nonconforming structures; the cost of such repair or maintenance during a one-year period shall not exceed five percent of the currently assessed value of structures during a one-year period.

(Ord. 445 § 3 (part), 1995)