§ 84.17.080  Alteration of Nonconforming Uses.
   (a)   Conditional Use Permit Requirement.  A legal nonconforming use shall only be altered after review and approval of a Conditional Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit), including the findings for alteration of a nonconforming use in § 85.06.080 (Alteration to Nonconforming Uses).
   (b)   Exempt Governmental or Court Actions.  Alterations required by governmental or court action shall be exempt from these conditions.
   (c)   Ownership Changes.  Restrictions and conditions affecting a nonconforming use shall apply to the existing use, land, and structures and shall not be affected by ownership changes.
   (d)   Additions Within Setback Areas.  In addition to the provisions regarding Conditional Use Permits or Variances, the Building Official may allow the construction of an additional modification to a legally existing structure within a current setback area, as established by an applicable residential land use zoning district, when the legally existing structure is within the setback area, and provided the additional modification does not exceed the projection of the existing structure into the current setback area and does not come closer than three feet to a property line.  In the Fire Safety Overlay, the additional modification shall not come closer than five feet to any property line.
   (e)   Exemptions from Conditional Use Permit Requirements.
      (1)   Nonconforming Residential Uses.  The requirement for a Conditional Use Permit shall not apply to nonconforming residential uses, where the uses are being modified or expanded up to a maximum of 2,000 square feet of floor space or by no more than 25 percent of the floor space or ground area existing at the time the use became a nonconforming use, whichever is greater.
      (2)   Bringing Structure or Use into Compliance.  The requirement for a Conditional Use Permit shall not apply to a nonconforming use or structure that is being expanded, altered, or modified to more closely approximate or exceed the standards of this Development Code with which it does not currently conform.
      (3)   Routine Maintenance. Routine maintenance and repair of the non-conforming structure.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)