Publisher's Note: This Section has been AMENDED by new legislation (Ord. 10-2024, passed 3-5-2024). The text of the amendment will be incorporated below when the ordinance is codified.
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 22-2024, passed 4-16-2024). The text of the amendment will be incorporated below when the ordinance is codified.
No noncomplying structure may be moved, enlarged or altered, except in the manner provided in this section or unless required by law. Modifications to a noncomplying structure that is subject to the Historic Preservation Overlay District requirements shall also meet the applicable supplemental regulations and standards of section 21A.34.020, "H Historic Preservation Overlay District", of this title.
A. Repair, Maintenance Or Alterations: Any noncomplying structure may be repaired, maintained or altered, except that no such repair, maintenance or alteration shall either create any new noncompliance or increase the degree of the existing noncompliance of all or any part of such structure. For purposes of this subsection, the addition of a solar energy device to a building is not a structural alteration. Small solar energy collection systems are subject to section 21A.40.190 of this title.
B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its location comply with the standards of the zoning district in which it is located or as provided in this section.
1. Noncomplying as to Setbacks.
a. Front Yard: A principal building with a front yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing front yard setback and complies with all other applicable requirements of Title 21A.
b. Corner Side Yards: A principal building with a corner side yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing corner side yard setback and complies with all other applicable requirements of Title 21A.
c. Interior Side Yards: Additions to a principal structure with noncomplying side yard setback(s) are permitted as follows:
(1) Single story additions are permitted to follow the existing setback line provided the following standards are complied with:
i. The exterior wall height of the addition is equal to or less than the exterior wall height of the existing building. When a cross slope exists along the exterior wall, the interior floor to ceiling height of the addition shall match the interior floor to ceiling height of the existing building.
ii. The addition may extend the noncomplying exterior wall of the building up to twenty percent (20%) of the length of the existing wall. This shall be a one-time addition and no further additions are permitted.
(2) Two story or greater additions shall comply with the side yard setback requirement(s) and maximum wall height as specified in the underlying zone.
(3) In determining if a side yard is noncomplying, the narrower of the two side yards shall be interpreted to be the narrower side yard required in the underlying zoning district.
(4) All other provisions of the underlying zoning district and any applicable overlay zoning district shall apply.
d. Rear Yards: A principal building noncomplying to rear yard setbacks may be expanded provided the expansion follows an existing noncomplying building wall and does not result in a decrease of the existing rear yard setback and complies with side and corner side yard setbacks of the underlying zoning district. If the building does not comply with the existing side or corner side yard setback, the expansion shall be permitted to extend to the side or corner side yard setback of the underlying zone.
2. Noncomplying as to Height: A principal structure that exceeds the maximum height of the underlying zoning district may be expanded at the existing height of the building provided the setbacks of the underlying zoning district are complied with.
C. Determination Of Noncomplying Structure Status: The Zoning Administrator shall determine the noncomplying structure status of properties pursuant to the provisions of this chapter.
D. Americans With Disabilities Act (ADA): To accommodate and encourage compliance with the Americans With Disabilities Act (ADA) accessibility guidelines, the enlargement of structures to accommodate ramps, elevators, and bathrooms that meet the minimum ADA accessibility guidelines and improve accessibility for persons with disabilities are not considered as increasing or enlarging a noncomplying structure.
E. Moving: A noncomplying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
F. The replacement or reconstruction of any existing noncomplying portion of a principal structure or full replacement of a noncomplying accessory structure is permitted provided the replacement is in the same location or in a location that reduces the degree of noncompliance and is of substantially the same dimension. Enlarging a full replacement of a noncomplying accessory structure is permitted provided the enlarged section complies with all setback, height, maximum square feet, and lot or yard coverage requirements.
G. Deterioration, Damage Or Destruction Of Noncomplying Structure: Restoration of a deteriorated, damaged or destroyed noncomplying structure shall be subject to the following:
1. If a noncomplying structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable as determined by the building official and is not repaired or restored within one year after written notice to the property owner that the structure is uninhabitable, the noncomplying structure status will be lost and requires either complete demolition or compliance with the standards of the zoning district in which the structure is located.
2. If a property owner or authorized representative voluntarily demolishes a noncomplying structure or the noncomplying structure is required by law to be razed, the structure shall not be restored unless it is restored to comply with the regulations of the zone in which it is located. Demolition of a noncomplying structure includes any act or process that destroys or removes seventy five percent (75%) or more of the perimeter wall length and area dimensions of exterior walls and/or total floor area of a structure.
3. If a noncomplying structure is involuntarily destroyed in whole or in part due to fire or other calamity and the structure or use has not been abandoned, the structure may be restored to its original condition with respect to building footprint, setback, height and other noncomplying dimensional standards of the zoning district in which the structure is located, provided such work is started within one year, unless a longer time frame is approved by the building official, after such calamity. (Ord. 64-21, 2021: Ord. 65-14, 2014)