20.14.010 Buildings and structures.
A. Any existing building or structure or portion thereof lawfully erected or altered which does not meet all of the zoning requirements found in this title is hereby declared a nonconforming building or structure and not in violation of this title.
B. Any building or structure nonconforming as to lot coverage, yard, height, open space, density provisions or parking requirements may be enlarged, remodeled or renovated, provided such alterations do not contribute to additional encroachment or infringement of this title. A lot containing nonconforming residential uses subdivided pursuant to BMC 23.08.050(A)(7) shall not be considered an additional encroachment of this title. A building that is nonconforming to minimum density may not be altered in any manner that brings the site further from compliance with the minimum density requirement unless approved in plan by the hearing examiner.
C. In the event a nonconforming building or structure is less than 50 percent destroyed by any cause, nothing in this title shall prevent the securing of a building permit within one year from the date of destruction for the restoration of the building or structure. The determination of the percentage of destruction shall rest with the building official and shall be based upon the actual cost of repairing the portion of the building or structure destroyed in relation to the estimated replacement cost of the entire building or structure.
Any nonconforming building or structure 50 percent or more destroyed may be reconstructed, provided it meets all of the regulations of the use district in which it is located or the structure is rebuilt according to a plan approved by the hearing examiner. Such a plan may be approved by the hearing examiner if it finds that the proposed reconstruction minimizes infringement of this title consistent with the specific reconstruction needs of the structure. The hearing examiner may condition such approval to mitigate the detrimental effects of infringement of this title by any portion of the nonconforming building or structure.
D. Buildings and Structures Nonconforming to Design Standards.
1. This subsection (D) regulates under what circumstances nonconformance with the design standards under Chapter 20.25 BMC, Design Review, must be corrected.
2. Development regulated under BMC 20.25.020 that does not conform to the design standards and is damaged or destroyed by sudden accidental cause may be reconstructed. The reconstructed improvement may not be more nonconforming than it was immediately prior to the damage. An application for a building permit to rebuild or repair the nonconforming improvement must be made within 12 months or the nonconformance shall be considered to be terminated and shall not be resumed. Development that does not conform to other provisions of this title shall continue to be regulated under the provisions of this chapter.
3. Modifications to structures shall be consistent with the design standards to the greatest extent feasible as determined by the city.
4. The process for approval of reconstruction plans by the hearing examiner under the provisions of subsection (C) of this section shall not be used to allow modifications of the design standards.
E. Nonconforming Large Retail Establishments. Over the life of the facility, individual retail establishments greater than 90,000 square feet in size that were in existence on the effective date of the ordinance codified in BMC 20.10.025 (February 27, 2007) shall be allowed to expand the gross floor area of the establishment by a maximum of 2,000 square feet over their original February 27, 2007, size. [Ord. 2024-02-002 § 6; Ord. 2021-10-044 § 4; Ord. 2018-12-036 § 25; Ord. 2015-01-001 § 3; Ord. 2008-07-068; Ord. 2006-06-060; Ord. 2002-10-069 § 46; Ord. 9024, 1982].