19.52.090 Floor area—Requirements generally.
A. Requirements generally. No building or structure shall be constructed and no building permit shall be granted for construction of any building or structure on any lot in the R-1 or R-15 zones if the total floor area (as defined by Section 19.08.203) of all existing and proposed buildings and structures (whether located on a private lot or on any adjacent city-owned property, and except as excluded below) will exceed the floor areas for the zones as set forth in Sections 19.52.100 through 19.52.120.
B. Exemption. Notwithstanding Part A of this section, where the proposed construction is on a parcel of property in the R-1 or R-15 zones that is already improved with one or more conforming or legal nonconforming structures, the maximum total floor area permitted on the parcel shall be determined as follows:
1. For any individual parcel in the R-1 or R-15 zones that has an existing structure or structures, the permitted total floor area for that parcel shall not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s) as calculated and verified by a licensed surveyor; or b) the applicable floor area maximum for the property set forth in Sections 19.52.100 through 19.52.120. In measuring the floor area of an existing structure or structures for the purposes of this Section, the definition of floor area set forth in Section 19.08.203 in effect at the time of the application for exemption shall apply.
2. Where two or more contiguous parcels are merged into one legal parcel, the total floor area for the merged parcel shall not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s) on any one of the original parcels plus one-half the total floor area of the existing conforming and/or legal nonconforming structure(s) on the other original parcel or parcels as calculated and verified by a licensed surveyor; or b) the applicable floor area maximum for the merged property set forth in Sections 19.52.100 through 19.52.120.
3. In any application where the permitted total floor area under this Part B is based upon the floor area of existing legal nonconforming structure(s), any new construction shall conform to all applicable zoning standards for setback, height, and lot coverage; however, there will remain the discretion to consider Variances or Exceptions from the regulations of Title 19 of this Code that are consistent with those that existed at the time of the application.
4. In any application where the permitted total floor area under this Part B is based upon the floor area of existing conforming and legal nonconforming structure(s), the calculated volume in cubic feet of the new structure(s) shall be equivalent to or less than the calculated volume of the existing conforming and legal nonconforming structure(s). For the purposes of this Section, volume shall be calculated as follows: The building components of all existing and proposed structure(s) and accessory structure(s) shall be represented in simplified three-dimensional geometric forms, including all covered and enclosed areas, but excluding porches, eaves, subterranean areas, and cantilevered overhangs. Building components shall be dimensioned as verified by a licensed surveyor. The sum of the calculated volume of each and all of the three-dimensional geometric forms shall be the total calculated volume.
5. In any application where the permitted total floor area under this Part B is based upon the floor area of existing conforming and/or legal nonconforming structure(s), the new structure(s) shall not materially impair the primary views or privacy of adjacent properties and views from the street to a greater extent than the impairment created by the existing conforming and/or legal nonconforming structure(s). (Ord. 2006-8 § 4, 2006; Ord. 91-5 § 3, 1991; Ord. 91-2 § 1, 1991; Ord. 89-1 § 1, 1989.)