21.20.040 Nonconforming structures.

A. Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure upon which construction has commenced prior to the effective date of a zoning map. Future use of the property shall be in conformance with the zone classification and/or special purpose district in which the property is located.
B. Construction plans for a building or structure filed with the building department prior to the effective date of a zoning map shall not be denied for not conforming with the zone classification and/or special purpose district within which the property is located. Other future use of the property shall be in conformance with the zone classification and/or special purpose district in which the property is located.
C. Normal repairs and alterations may be made to a lawful nonconforming building. No existing nonconforming structure designed, arranged, intended for or devoted to a use not permitted under this title for the district in which such structure is located shall be enlarged, extended, reconstructed, structurally altered, or moved unless such use is changed to a use permitted under the regulations specified by this title for the district in which such building is located; unless such enlargement, extension, reconstruction or structural alteration, or relocation is approved by the board of adjustment under a conditional use permit; and provided further, that nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure or part thereof to a safe condition.
D. When a building or other structure containing a nonconforming use is damaged by accidental fire or by any other natural causes then such building may be rebuilt if the owner(s) or a subsequent owner(s) apply for a building permit to rebuild within twelve months from the date that the damage occurred; provided, that such a building or structure may not be increased in squared foot floor area or height unless such increase is approved under a conditional use permit by the board of adjustment; and provided further, that when any building or structure is completely rebuilt as a result of accidental fire or other natural cause, it shall also meet the setback requirements of the zone classification or special purpose district in which it is located unless a setback variance is granted by the board of adjustment. (Ord. 2005-02 (part))