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Chapter 18.1.4.030 regulates nonconforming structures, except for nonconforming structures in Water Resource Protection zones subject to subsection 18.3.11.050.A.3. Nonconforming structures exist on the effective date of adoption or amendment of this ordinance, but could not be built under the terms of the ordinance today; for example, the structure(s) does not comply with current requirements for height and setbacks. If the structure or development was lawful when constructed, it may remain on site so long as it remains otherwise lawful and complies with the following regulations:

A. Exempt Alterations. A nonconforming structure may be altered as follows, subject to approval of required building permits.

1. Additions and alterations are permitted if the improvement, evaluated separately from the existing structure, conforms to this ordinance.

2. Restoration, rehabilitation, repair, and maintenance of a nonconforming structure (e.g., roof repair, upgrading electrical systems, and similar work) are permitted where all of the following standards are met:

a. The structure is not changed in size or shape (i.e., three-dimensional building envelope must not change including but not limited to building footprint, mass, volume, roof shape, and height).

b. Not more than 40 percent of any exterior building wall and not more than 50 percent of the building floor area is permanently removed; where a larger alteration is proposed, approval of a Conditional Use Permit is required.

c. Where temporary or permanent removal of a building wall or floor area is proposed, the owner shall submit with a building permit application a construction management plan that documents existing building conditions, proposed methods of construction, and proposed building plans.

3. Reconstruction of garages and sheds if the use is not changed and the structure is not changed in size or shape (i.e., three-dimensional building envelope does not change including but not limited to building footprint, mass, volume, roof shape, and height).

4. Destruction. A legal nonconforming structure that is damaged by means beyond the owner’s control, such as fire, flood, earthquake, or similar catastrophe, to an extent of 50 percent or more of its replacement cost, may be restored or reconstructed within the original three-dimensional building envelope (i.e., relative to coverage, height, setbacks, and other dimensions of the developed area) provided the nonconformity shall not increase. Any residential structure in a zone where residential uses are allowed that is damaged beyond 50 percent of its replacement cost by such catastrophe may be reconstructed at the original density, provided a building permit application for the reconstruction is submitted within two years of the catastrophe.

B. Planning Approval Required. A nonconforming structure may be altered (i.e., reconstructed, enlarged, or modified) subject to approval of a Conditional Use Permit under chapter 18.5.4 and approval of required building permits, except that a planning action is not required for exempt alterations described in subsection 18.1.4.030.A, above. A nonconforming structure may be rebuilt pursuant to this subsection, provided in a historic district the applicant must demonstrate that restoration is not practicable.

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