4-10-020 NONCONFORMING SITE DEVELOPMENT STANDARDS:

A. A nonconforming site shall not be altered unless the change conforms to the standards of this Title.

B. Upon the restoration of a structure, commenced by a complete building permit application within one year of damage caused by fire, explosion or other unforeseen circumstances, valued to be greater than fifty percent (50%) of its assessed or appraised value, the site shall be brought into conformance with existing development standards; provided, however, that there shall be no limit on the restoration value of a single family dwelling if a complete building permit application is applied for within one year of damage.

C. For remodels or other alterations of an existing structure made within any three (3) year period which together exceed one hundred percent (100%) of the assessed or appraised value of the existing structure, the site shall be brought into compliance with this Title. For remodels or other alterations within any three (3) year period which exceed thirty percent (30%) of the assessed or appraised value, but do not exceed one hundred percent (100%), proportional compliance shall be required, as provided in subsection E of this Section. Remodels or other alterations within any three (3) year period that do not exceed thirty percent (30%) of the assessed or appraised value shall not be required to comply with the requirements of this subsection. Mandatory improvements for fire, life safety or accessibility, as well as replacement of mechanical equipment, do not count towards the cited monetary thresholds.

D. Within any three (3) year period, upon expansion of any structure or complex of structures within a single site, which is over fifty percent (50%) of the existing floor area or building footprint, whichever is less, the site shall be brought into compliance with this Title. If the expansion is fifty percent (50%) or less, the site shall be brought into proportional compliance with existing development standards as provided in subsection E of this Section.

E. Proportional Compliance: The required physical site improvements to reduce or eliminate the nonconformity of the site shall be established by the following formula:

1. Divide the dollar value of the proposed structure improvements, excluding mechanical equipment and mandatory improvements for life, safety, or accessibility, by the assessed or appraised value of the existing structure(s).

2. The monetary value of that percentage is then multiplied by ten percent (10%).

3. The dollar value of this equation is then applied toward reducing the nonconformities. Example:

• Value of existing structure(s) equals $100,000;

• Value of proposed improvements equals $20,000;

• 10% multiplied by $20,000 equals $2,000;

• $2,000 would be applied toward reducing the nonconformities.

4. The Department shall determine the type, location and phasing sequence of the proposed site improvements.

F. Exceptions:

1. Critical Areas Overlay: The provisions of this section do not apply to sites nonconforming to the requirements of RMC 4-3-050, Critical Areas Regulations.

2. Shoreline Master Program Regulations: The provisions of this section do not apply to sites nonconforming to the requirements of RMC 4-3-090, Shoreline Master Program Regulations. (Ord. 5869, 12-11-2017)