23.42.112

A. A structure nonconforming to development standards may be maintained, renovated, repaired or structurally altered but may not be expanded or extended in any manner that increases the extent of nonconformity or creates additional nonconformity, except: 1. any portion of a principal structure in a neighborhood residential zone that is nonconforming to front and/or rear yard requirements may be increased in height by up to 5 feet, but not to exceed the height limit of the zone, and only to the extent necessary to achieve minimum ceiling height in an existing basement or another floor within the principal structure to conform to the City's regulations for habitable rooms or to accommodate a pitched roof on the principal structure. If the height of a principal structure is being raised to increase ceiling height in a basement or another floor, existing porches or steps may extend into a required yard to the extent necessary to meet Building Code standards, but in no case shall they be located closer than 3 feet to any lot line. 2. mechanical equipment may be added or replaced, even if nonconformity is created by the addition or replacement, provided that the new mechanical equipment serves the same function as existing equipment; 3. as otherwise required by law; 4. as necessary to improve access for the elderly or disabled; 5. as specifically permitted for nonconforming uses and nonconforming structures elsewhere in this Land Use Code; or 6. Light poles nonconforming to height standards and located in parks may be moved or may be replaced by new light poles to the same height and configuration as the existing light poles. B. A structure nonconforming to development standards and occupied by or accessory to a residential use may be rebuilt or replaced but may not be expanded or extended in any manner that increases the extent of nonconformity unless specifically permitted by this code. 1. A survey by a licensed Washington surveyor, or other documentation acceptable to the Director, documenting the extent of nonconformity and confirming that the plans to rebuild or replace a residential structure create no unpermitted increase in nonconformity shall be required prior to approval of any permit to rebuild or replace a nonconforming residential structure. 2. Additions, including parking, to a rebuilt nonconforming residential structure that meet current development standards are allowed. 3. Existing access or location of parking may be maintained for single-family structures in neighborhood residential and multifamily zones when the single-family structure is being rebuilt according to this subsection 23.42.112.B. C. Any structure nonconforming to development standards that is destroyed by fire, act of nature, or other causes beyond the control of the owner, may be rebuilt to the same or smaller configuration existing immediately prior to the time the structure was destroyed. D. Where replacement of a nonconforming structure or portion of a structure is permitted under this section, action toward that replacement must be commenced within twelve (12) months after the demolition or destruction of the structure, except for a nonconforming structure designated as a Landmark pursuant to Chapter 25.12 . Action toward replacement of Landmark structures must be commenced within three (3) years after the demolition or destruction of the structure. Action toward replacement shall include application for a building permit or other significant activity directed toward the replacement of the structure. If this action is not commenced within this time limit, any replacement must conform to the existing development standards. E. When the structure is located in a PSM zone, the Pioneer Square Preservation Board shall review plans for the exterior design of the structure to ensure compatibility with the design and character of other structures in the Pioneer Square Preservation District. (Ord. 126685 , § 11, 2022; Ord. 126509 , § 33, 2022 [zone name change]; Ord. 126157 , § 12, 2020; Ord. 123649, § 10, 2011; Ord. 123046, § 10, 2009; Ord. 121762 § 1, 2005; Ord. 120293 , § 1, 2001.)