19.49.030 Limitations to nonconforming structures.

The following limitations shall apply to nonconforming structures:

(A) A nonconforming structure shall not be moved, altered, enlarged, or reconstructed so as to increase the discrepancy between existing conditions and the development standards specified for the zoning district in which the structure is located, except that where a dwelling unit has a nonconforming side yard or rear yard setback, the nonconformity may be extended along the length of the nonconforming façade.

(B) A nonconforming structure which is damaged to the extent that the cost of repair or replacement would exceed fifty percent of the appraised value of the damaged structure may be restored only if made to conform to all provisions of this title.

(C) Repairs and changes to interior partitions or other nonstructural improvements may be made to a nonconforming structure; however, the cost of such repairs and changes shall not exceed fifty percent of the appraised value of the structure to be renovated.

(D) Subject to the valuation limit in subsection (C) of this section, structural elements may be modified where the building official determines such modification is immediately necessary to protect the health and safety of the public or occupants of the nonconforming building or adjacent property.

(E) If the use of a nonconforming structure is discontinued for a period of twelve months or more, the structure shall lose its nonconforming status and shall thereafter be removed or altered to conform to the provisions of this title. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this subsection, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for twelve months shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continually maintained.