17.05.040 Exceptions.
A. Any nonconforming structure being used for a residential use before the enactment of this ordinance may be:
1. Rebuilt if damaged or destroyed for any reason, provided the reconstructed building has the same or fewer number of residential units, and serves the same use as the original structure.
2. Continued for residential use whether or not the structure is continuously occupied, provided that the residential use is not changed to some other use.
3. Modified and or enlarged provided that:
a. The structure maintains the same or fewer number of residential units.
b. The setback requirements for residential dwellings are met. In cases where the structure does not meet the residential zoning setback standards, the modification or enlargement to the structure is allowed provided that any expansion does not further encroach upon the setback requirements.
c. The residential off-street parking requirement shall not be reduced.
d. The nonconforming structure is not located in an existing City right-of-way.
e. The modification or enlargement does not exceed the allowed maximum building height.
B. A nonconforming telecommunications tower that provides public emergency communications services may be moved to occupy a different area of land on the same parcel. This provision does not exempt the structure from compliance with other standards or procedures applicable to the use.