19.49.040 Enlargement, alteration, reconstruction of nonconforming buildings and structures.
A. Routine maintenance, cosmetic changes (such as new siding, windows, or roofing), changes to improve energy efficiency, changes to a structure to address unsafe conditions, or upgrading inadequate utilities must not be considered alterations.
B. When a nonconforming building or structure is damaged by fire, natural disaster, or other calamity, and structural repairs are needed to maintain a building or structure in a safe structural condition, the building or structure may be restored or replaced, provided:
1. A complete application for reconstruction or replacement is submitted within one year of the damage; and
2. That the restoration or replacement must be made to conform to the regulations of the zone in which the building or structure is located, or if such regulations cannot physically be met without reducing the size of the building, the restoration may not extend any nonconformity that existed prior to the damage.
C. Additions to nonconforming structures that meet all applicable zoning dimensional standards will not be considered an enlargement under this section.
D. Historic Buildings and Structures. Nothing in this chapter prevents the alteration, addition to, repair, restoration or reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Anacortes Register of Historic Places.
1. The alteration, addition, repair, restoration, and reconstruction of all such historic buildings and structures must comply with the life safety provisions of the state building codes, as adopted in AMC Chapter 19.14.
2. Additions or alterations that do not increase the nonconformity or disrupt the eligibility of a building or structure for listing on historic lists or registers may be permitted.
3. Definitions.
a. “Addition” means an extension or increase in floor area, number of stories, or height of a building or structure.
b. “Alteration” means any construction or renovation to an existing structure.
c. “Restoration” means restoring an existing building to an appearance or previous use it once had that may be currently deemed as nonconforming.
d. “Reconstruction” means rebuilding an existing building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the state building codes adopted by AMC Chapter 19.14, and consistent with any historic preservation provisions adopted by the city. (Ord. 4072 § 2 (Att. A), 2024; Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)