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3. On August 29, 2006, the Director of Planning and Community Development (Director) for the City issued a decision finding that the structures did not satisfy the City's criteria for certification as nonconforming uses. The Director determined that both structures were nonconforming'; that the structures encroached into the required side yard setbacks; and that the lot coverage exceeded that permitted under the City's zoning code. Exhibit 3, Director's Decision. 4. On September 11, 2006, the Appellant filed a timely appeal of the Director's administrative decision. Exhibit 2, Appeal of Administrative Decision and Narrative. 5. In preparation of the instant appeal, the City conducted additional research on the history of Building Number 2 and determined that the evidence was inconclusive as to the use of this structure prior to 1956, the date the City adopted its zoning code. Therefore, the City recommended that Building Number 2 should be recognized as a legal single-family dwelling. The certification of a nonconforming use is an administrative decision for which the Hearing Examiner only has jurisdiction if the decision is appealed. Since the City has essentially abandoned its claim that Building Number 2 is not a legal nonconforming structure/use, the basis for the Appellant's appeal for Building Number 2 is moot Exhibit 1, Staff Report, Page 3. The issues on appeal which remain are: A. Nonconforming status of Building Number 1 B. Encroachment of Building Number 1 into side yard setback C. Maximum lot coverage Nonconforming Status of Building Number 1 6. Building Number 1, the primary structure, is a one-story 2,882 square foot residence with a basement that was built in 1918. According to Tax Assessor and title records, this structure has three bedrooms and two bathrooms. It is undisputed that this building is currently being used as a duplex rental with the upper level serving as a dwelling unit and the lower basement level serving as a separate dwelling unit. Exhibit 1, Staff Report, Pages 2 and 3, Exhibit 12, Definitions for nonconforming buildings and uses are provided in the EMC 19.4.020. There are two types of nonconforming - legally nonconforming and illegally nonconforming uses or structures. Generally, a legally nonconforming use/structure is a use/structure that lawfully existed prior to the enactment of a zoning ordinance, and which is maintained after the effective date of the ordinance, although is does not comply with the zoning restrictions applicable to the district in which it is situated. City of Univ. Place v. McGuire, 144 Wn.2d 640, 648 (2001); Rhod-A-Zalea & 3e v. Snohomish County, 136 Wn.2d 1, 6 (1998). EMC 19.38.030(A) provides for the continuation of a nonconforming use provided that the use is not expanded, changed, or discontinued. EMC 19.38.040 addresses alterations, expansions, demolition, and destruction of nonconforming structures_ An illegally nonconforming use is a use that was not legally established and does not comply with current zoning or development standards. EMC 19.38.020. Before the Hearing Examiner Pro -Tern In the Appeal of Moreno #06-002 Page 3 of 8