17.160.040 Nonconforming facility.
A nonconforming facility is a building or facility which is not itself permitted in the district in which it is located, or does not conform to the density, height, yard, buffering, landscaping or screening, or other requirements applying to facilities. Nonconforming facilities shall be subject to the following:
A. A nonconforming building damaged or destroyed by fire, explosion, earthquake, or other act of an extent of more than 50 percent of the replacement cost, as determined by the Building Official, may be restored only if made to conform to all the regulations of the district in which it is located; provided, that such building may be restored to a total floor area not exceeding that of the former building if a conditional use permit is first secured in each case.
1. Notwithstanding, single-family residences may be rebuilt and expanded in residential, commercial, industrial, downtown core and office districts without obtaining a conditional use permit; provided, that there is no increase in the number of dwelling units. Any expansion shall be allowed only if it complies with all current development standards for the district in which the subject property is located.
B. Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made and providing that such work does not exceed 15 percent of the appraised value in any one-year period, except for single-family residences, which may make improvements and expansions, provided no increase in the number of dwelling units result and that any expansion complies with applicable development standards. Other repairs or alterations may be permitted; provided, that a conditional use permit shall first be secured in each case.
C. Drive-through uses existing as of December 18, 2012, may be modified for aesthetic, safety, or other reasons as determined appropriate by the City, but no modifications that would intensify or expand the use shall be permitted.
D. Nothing contained in this chapter shall be deemed to require any change in the plans, construction or designated use of any building of which a building permit has properly been issued in accordance with the provisions of ordinances then effective, and upon which actual construction has been started prior to the effective date of the ordinance codified in this chapter; provided, that in all such actual cases construction shall be diligently carried on until completion of the building.
E. Minor antennas and their associated support structure, including those facilities used by licensed amateur radio operators in the Amateur Radio Service, approved prior to January 1, 1997, shall be deemed legal, prior existing facilities and shall not be subject to any of the requirements established in Chapter 17.130 SMC or the zoning district in which they are located. However, if the facility use is abandoned for a continuous period of 12 months, the facility is destroyed in excess of 50 percent of its appraised value or the facility is expanded, enlarged or rebuilt in excess of 15 percent of the appraised value in any one-year period, then the appropriate requirements of Chapter 17.130 SMC shall apply.
F. Automotive gas or fueling stations and associated infrastructure existing as of May 19, 2022, may be modified for aesthetic, safety, or other reasons as determined appropriate by the City and with the approval of a conditional use permit, but no modifications that would intensify or expand the fossil fuel infrastructure or related components shall be permitted. (Ord. 1140 § 3, 2022; Ord. 1111, 2018)