§ 18.92.020 — Destroyed or Deteriorated Non-Residential Structures

A. Involuntary Destruction or Deterioration of Nonconforming Structures. If a nonconforming non-residential structure is involuntarily destroyed or deteriorated as a result of manmade catastrophe or natural disaster (e.g. fire, earthquake, flood, windstorm), the following provisions shall apply: 1. 75 Percent or More. A nonconforming structure involuntarily destroyed or deteriorated to an extent of 75 percent or more of the structure’s appraised value immediately before the destruction or deterioration shall lose its status as a legal nonconforming structure on the date the extent of damages reaches at least 75 percent. The structure may be restored, but only if made to conform to all applicable provisions of this Zoning Code. 2. Less Than 75 Percent. A nonconforming structure involuntarily damaged or deteriorated to an extent of less than 75 percent of the structure’s appraised value immediately before the destruction may retain is status as a legal nonconforming structure. The structure may be restored up to the original size, placement, and/or density that existed before the destruction or deterioration, but only if the reconstruction commences within 180 days after the date of the damage or catastrophe and is diligently pursued to completion. B. Destruction or Deterioration Due to Lack of Maintenance. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe due to lack of repairs or maintenance, it shall only be rebuilt, repaired, or restored in full compliance with all of the applicable regulations of the zone in which it is located. Destruction or damage to a nonconforming structure due to a lack of maintenance does not qualify as involuntary destruction or damage. C. Provision of Evidence. The property owner shall provide sufficient evidence, to the satisfaction of the Director, that the subject use and/or structure is a legal nonconformity and that they have maintained the legal nonconforming status, did not cause the destruction or damage due to a lack of maintenance, and are entitled to the protections provided by this Article.