21.12.550 Restoration and repairs of nonconforming structures or structures occupied by nonconforming uses.
A. Structures Listed on Historical or Cultural Inventories. Nothing in this section shall prevent the full restoration of a structure which is listed on the National Register of Historic Places, Washington State Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory.
B. Restoration of Damaged Nonconforming Structures and Structures Occupied by Nonconforming Uses. In the event that a nonconforming structure as defined by this title, or a structure occupied by a nonconforming use as defined by this title, is less than 50 percent destroyed by any cause other than by the action of the owner or applicant, nothing in this chapter shall prevent the securing of a building permit within six months of the date of damage for the restoration of the building or structure. The determination of the amount of damage shall rest with the building official and shall be based upon the ratio of the replacement cost as determined by the building official to the assessed value or the appraised value of the building, whichever is greater, of the building.
In the event that a nonconforming structure as defined by this title, or a structure occupied by a nonconforming use as defined by this title, is destroyed by any cause other than by the action of the owner or applicant, to an extent where restoration costs as determined by the building official would exceed 50 percent of the assessed value or the appraised value of the building, whichever is greater, said structure shall be considered completely destroyed. In the case of a nonconforming structure, said structure may be reconstructed only if it meets all of the regulations of the use zone in which it is located. If the structure was occupied by a nonconforming use, said structure may be reconstructed only if it meets all of the regulations of the use zone in which it is located and only if it is to be occupied by a permitted use(s).
C. Repairs to Nonconforming Structures. On any nonconforming structure occupied by a conforming use, work may be done in any 36 consecutive months on repairs, as follows:
1. For repairs done solely to insure safety to a dangerous building declared to be so by the building official, such repairs shall not exceed 50 percent of value of the building as defined in subsection (B) of this section;
2. For regular repairs, maintenance or improvements to the building including but not limited to placement of interior nonbearing partitions, replacement of windows, siding, doors, wiring, heating facilities, plumbing, roofing, and fixtures to an extent not exceeding 10 percent of the assessed value or appraised value, whichever is greater, of the building;
3. For repairs, maintenance or improvements to the building exceeding 10 percent of the assessed value or appraised value, whichever is greater, of the building, or which add dwelling units or floor area, such repairs shall be made in accordance with LMC 21.12.400.
D. Structures Occupied by Nonconforming Uses. In accord with LMC 21.12.200. (Ord. 2020 § 7, 1994; Ord. 1770 § 1, 1990; Ord. 1186 § 1, 1981)