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A. Applicability

1. This section applies to any nonconforming structure. A nonconforming structure is a structure with a dimensional nonconformity that was legally created before the effective date of this ordinance.

2. A "Dimensional Nonconformity” is a nonconforming situation that occurs when the height, size or minimum floor area of a structure, or the relationship between an existing building or buildings and the other buildings or lot lines, does not conform to the regulations applicable to the zoning district where the property is located.

3. No structural alterations to a nonconforming structure are permitted unless:

a. the alterations are required or authorized by a non-zoning law or ordinance, or

b. the alteration accommodates a conforming use and does not increase a dimensional nonconformity.

Commentary: examples of non-zoning structural requirements include modifications that are required by new building codes or the federal Americans with Disabilities Act (ADA).

B. Repair, Maintenance and Alterations

1. Repairs and alterations estimated to cost more than fifty (50) percent of the structural value of the structure to be renovated, are not allowed. The structure shall be removed

2. If a structure located on a lot where a nonconforming situation exists is damaged by fire, explosion, act of God, or the public enemy to an extent that the costs of repair or restoration would not exceed fifty (50) percent of its structural value, then the damaged structure may be repaired or restored only in accordance with a nonconforming situation permit issued by the Planning Commission (see section 18.60.060). The applicant shall submit information that the cost of the proposed repairs or alterations would not exceed fifty (50) percent of the structural value of the structure. (Ord. 02-54 § 2, 2002)