23.324.060 Exemptions.
A. Public Safety Structural Alterations.
1. General. The following public safety structural alterations or extensions to conforming and nonconforming buildings are permitted by right to the extent necessary, as determined by the Zoning Officer:
(a) Vertical and/or horizontal extensions of a nonconforming setback.
(b) Horizontal extensions of a nonconforming height.
(c) Vertical extensions of a nonconforming height in residential districts.
(d) Alterations of a portion of a building that encroaches into a nonconforming setback.
(e) Extensions of nonconforming lot coverage.
(f) Structural alterations to nonconforming residential density.
(g) Structural alterations to nonconforming buildings located on a property that also contains a lawful nonconforming use, whether or not that use occupies the subject building or structure.
2. Parking. Public safety structural alterations to a conforming or lawful nonconforming building or structure that reduce, relocate, or remove required parking spaces are permitted as follows:
(a) Parking spaces may be converted to substandard compact spaces if approved by the Traffic Engineer.
(b) Parking spaces may be relocated into a setback or other location by right to the extent necessary, as determined by the Zoning Officer, if:
i. The requirements in Paragraph (a) above cannot be met.
ii. The screening and landscaping requirements in Chapter 23.322 (Parking and Loading) are met.
iii. The parking relocation is approved by the Traffic Engineer.
(c) Required parking may be removed if the Traffic Engineer determines that the requirements of Paragraphs (a) and (b) above cannot be met.
3. Aesthetic Improvement or Screening. Any aesthetic improvement or screening that the Zoning Officer determines is associated with a public safety structural alteration shall be treated as part of the public safety structural alteration.
B. Existing Public Libraries.
1. Notwithstanding any other provision in the Zoning Ordinance, a conforming or lawful nonconforming public library existing as of May 1, 2010 may be changed, expanded, or replaced by a new public library on the same site following demolition, subject to issuance of a Use Permit.
2. If the change, expansion, or new library is allowed by right under the Zoning Ordinance, a Use Permit is not required.
3. The ZAB may modify any requirement of the Zoning Ordinance applicable to such change, expansion, or new library as part of the Use Permit.
C. Accessory Dwelling Units. The following alterations of a lawful nonconforming existing structure or building that is an existing ADU or proposed to be converted to an ADU are permitted with a Zoning Certificate:
1. New windows, doors, or other openings to a portion of a building or structure within a minimum required setback.
2. New windows, doors, or other openings to a portion of a building or structure exceeding the height limit. (Ord. 7888-NS § 14, 2023: Ord. 7787-NS § 2 (Exh. A), 2021)