Section 4-10-050

4-10-050 NONCONFORMING STRUCTURES:

A. NONCONFORMING STRUCTURES – GENERAL:

Any legally established nonconforming structure may remain, although such structure does not conform to the provisions of this Title; provided, that:

1. Not Vacant or Left Abandoned: The nonconforming structure has not been vacant for more than one year, or has not been abandoned; and

2. Unsafe Structures: The structure is kept in a safe and secure condition.

3. Limits on Alterations: The cost of alterations, remodels, or renovations of a legal nonconforming structure, except single family dwellings, shall not exceed an aggregate cost of forty percent (40%) in twelve (12) months or sixty percent (60%) in forty-eight (48) months of the value of the structure, based upon its most recent assessment or appraisal, unless the changes make the structure more conforming, or are used to restore to a safe condition any portion of a structure declared unsafe by the Building Official. Mandatory improvements for fire, life safety or accessibility, as well as replacement of mechanical equipment, do not count towards the cited monetary thresholds. Alterations, remodels, or restoration work shall not result in or increase any nonconforming condition unless permitted by subsection A4 of this Section, Limits on Enlargement. Nonconforming single family dwellings may be replaced, enlarged, altered, remodeled, or renovated, without limitation of cost, pursuant to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, etc.), unless such actions would increase one or more nonconformity.

4. Limits on Enlargement:

a. The structure shall not be enlarged unless the enlargement is conforming, except as identified in subsection A4b of this Section.

b. Nonconforming enlargements may only be allowed at the discretion of the Administrator if:

i. The enlargement is sited carefully to achieve compatible transition between surrounding buildings, parking areas and other land uses; or

ii. The enlargement does not significantly cause any adverse or undesirable effects on the site or neighboring properties, or

iii. The enlargement is confined to the projected footprint of a single-family dwelling. If the proposed enlargement is nonconforming with respect to zoning setbacks, and the enlargement will comply with this Section and all other development regulations, the enlargement may be allowed if it is located within the projected footprint of the building. The projected footprint is determined with the criteria below by extending a line from and parallel to the furthest encroaching portion(s) of the building. The enlargement is limited to the height of the qualifying encroachment, and any other applicable height limitation. For the purpose of determining the projected footprint, a qualifying encroachment shall:

(a) Represent at least fifty percent (50%) of the building’s facade; and

(b) Be set back at least three feet (3') from any property line; and

(Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015)

5. Limits on Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure to its same size, location, and height when the structure is deemed unsafe by the Building Official, damaged by fire, explosion, or act of God, subject to the following conditions:

a. Single Family Dwellings: Any legally established single family dwelling deemed unsafe by the Building Official, damaged by fire, explosion or an act of God, may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes without limitation on value. Restoration or reconstruction shall be initiated by a building permit application within one year of a fire, explosion, or an act of God. If a building permit application has not been submitted within one year from the date of the fire or other casualty, the structure shall be deemed abandoned and not allowed to be restored or reconstructed.

b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed or appraised value of the building or structure at the time such damage occurred, otherwise any restoration or reconstruction shall conform to the regulations specified in this Title; provided, that restoration work is initiated by a building permit application within one year of a fire, explosion, or an act of God. If a complete building permit application has not been submitted within one year from the date of the fire or other casualty the structure shall be deemed abandoned and not allowed to be restored or reconstructed.

B. RESERVED:

C. EXEMPTION DUE TO CITY ACQUISITION:

No structure shall be considered nonconforming when the City’s acquisition of an interest in the property creates the nonconformity, such as through condemnation for a road widening. For the purposes of this exemption, signs shall not be considered a conforming structure. (Ord. 4963, 5-13-2002; Ord. 5559, 10-25-2010; Ord. 5601, 6-6-2011; Ord. 5647, 12-12-2011; Ord. 5869, 12-11-2017)