§ 88-610-05. NONCONFORMING STRUCTURES

88-610-05-A. DESCRIPTION

A nonconforming structure is any building or structure, other than a sign, that was lawfully established but no longer complies with this zoning and development code. Nonconforming structures may remain, subject to the regulations of this section.

88-610-05-B. ALTERATIONS AND EXPANSIONS

Structural alterations, including enlargements and expansions, are permitted if the proposed structural alteration or expansion complies with all applicable lot and building standards. For example, a building with a nonconforming front setback may be expanded to the rear as long as such rear expansion complies with applicable rear setback standards and all other applicable lot and building standards. However, this provision would not allow a nonconforming ground floor setback to be applied to new vertical construction.

88-610-05-C. USE

A nonconforming structure may be used for any use allowed in the zoning district in which it is located.

88-610-05-D. MOVING

A nonconforming structure may be moved in whole or in part to another location on the subject parcel only if the movement or relocation eliminates or reduces the extent of nonconformity.

88-610-05-E. LOSS OF NONCONFORMING STATUS

1.

INTENTIONAL DAMAGE OR DESTRUCTION

When a nonconforming structure is intentionally destroyed or damaged by causes within the control of the property owner or tenant, all nonconforming structure rights are lost and re-construction of the nonconforming structure is prohibited.

2.

ACCIDENTAL DAMAGE OR DESTRUCTION

(a)

When more than 50% of the volume of a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the owner or tenant, the structure may not be restored except in conformity with the regulations of the zoning district in which it is located.

(b)

When 50% or less of the volume of a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the property owner or tenant, the structure may be restored or repaired provided that no new nonconformities are created and the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 6 months of the date of occurrence of such damage, and once issued, construction must be diligently pursued or the nonconformity will be considered to be discontinued.

(Ord. No. 160759 , § 1, 10-20-2016)