17.68.040 Nonconforming structures.
When a lawful structure existed at the effective date of the adoption or an amendment of the applicable regulations and could not be built under the terms of the current regulations set forth in this title, or amendments thereof, by reason of the restrictions on area, lot size or dimension, coverage, height, yards and the location on the lot or other requirements concerning the structure, such structure may be continued as a nonconforming structure so long as it remains otherwise lawful and shall be subject to the following provisions:
A. No such nonconforming structure may be altered or remodeled in any way that increases its nonconformity respective to bulk or dimensional standards in effect, but any structure or portion thereof may be altered or remodeled to decrease its nonconformity;
B. A nonconforming structure that is damaged by fire, act of nature or other causes beyond the control of the owners may be reconstructed as long as it is not discontinued for more than 12 consecutive months. Any such structure that is unintentionally destroyed shall be reconstructed to the same or smaller configuration existing immediately prior to the time the structure was damaged or destroyed. The reconstruction shall comply with all applicable building codes in force at the time of replacement. As determined during the nonconforming use and structure review process (see GHMC 17.68.025), the reconstruction shall comply with all other applicable codes to the maximum extent possible. “Discontinued” is defined in GHMC 17.68.038;
C. Except as provided for in subsection E of this section, any such nonconforming structure or nonconforming portion of a structure that is intentionally damaged or intentionally altered may be reconstructed to the same or smaller configuration existing immediately prior to the time the structure was damaged or altered, provided the alterations and/or damage is valued at less than 50 percent of the replacement value of the structure as determined by the square foot construction cost table in the city’s fee schedule. Building permits for the reconstruction shall be submitted within one year of the time of intentional damage or alteration and shall remain active or reconstruction will not be allowed. The reconstruction shall comply with all applicable building codes in force at the time of replacement. As determined during the nonconforming use and structure review process (see GHMC 17.68.025), the reconstruction shall comply with all other applicable codes to the maximum extent possible. Interior-only remodels which do not increase a structure’s nonconformity shall not count towards the replacement cost as it relates to this section; and
D. Except as provided for in subsection E of this section, when a structure has a nonconforming structure status, the intentional removal, intentional damage, or intentional alteration of the structure shall eliminate the nonconforming status. Upon the elimination of the nonconforming status, the structure shall be brought into conformity with the existing code or shall be removed. “Intentional removal, intentional damage, or intentional alteration,” for the purposes of this subsection, is defined as damage and/or alterations valued at more than 50 percent of the replacement value of the structure at the time of damage and/or alterations, over the lifetime of the structure, as determined by the square foot construction cost table in the city’s fee schedule;
E. Downtown Nonconforming Structures. Intentional removal or alteration of structures with a nonconforming structure status in the DB zoning district and the WC zoning district abutting the DB zoning district shall be subject to the following provisions:
1. Any such nonconforming structure or nonconforming portion of a structure that is intentionally removed or altered may be reconstructed to the same or smaller configuration existing immediately prior to the time the structure was removed or altered. Building permits for the reconstruction shall be submitted within one year of the time of intentional removal or alteration and shall remain active or reconstruction will not be allowed. The reconstruction shall comply with all applicable building codes in force at the time of replacement; and
2. As determined during the nonconforming use and structure review process (see GHMC 17.68.025), the reconstruction shall comply with all other applicable codes to the maximum extent possible; and
3. The reconstruction of structures with a nonconforming structure status which are on a local, state or national historic registry or are eligible for such registries shall meet the requirements of GHMC 17.99.580 regardless of when the structure was built. (Ord. 1275 § 2, 2013; Ord. 1268 § 2, 2013; Ord. 1132 § 7, 2008; Ord. 1122 § 3, 2008; Ord. 710 § 69, 1996; Ord. 573 § 2, 1990).