Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the Building Official to be a public nuisance because the building is in an unsafe condition pursuant to Chapter 20.05 of the Municipal Code.
(A) Maintenance and repairs. Nonstructural and structural maintenance, repair, and alterations to a nonconforming structure are permitted provided any additions comply with division (B) below.
(B) Additions. Additions to nonconforming structures are allowed if the addition complies with all applicable laws and requirements of this title, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this title.
(1) Nonconforming residential setbacks. An existing legally established dwelling that no longer conforms to a setback standard may be enlarged provided that the enlargement does encroach any further into the setback and the encroachment is less than 50% of the required setback, and the enlargement is limited to the first floor. Additions above the first floor shall conform with the requirements of this title.
(C) Restoration of a damaged structure. A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural
disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.
(1) Restoration when damage is 50% or less of replacement value. If the structure is damaged or partially destroyed to the extent that the cost of all necessary structural and health and safety repairs is equal to or less than 50% of its replacement value, as determined by the Chief Building Official, the structure may be restored and any nonconforming use resumed, provided that a building permit is issued for the restoration within two years from the date of destruction. Restoration of the structure shall not increase the discrepancy between pre-existing conditions and the existing applicable standards for the zoning district in which it is located.
(2) Restoration when damage exceeds 50% of replacement value. If the structure is damaged or partially destroyed to an extent that the cost of all necessary structural and health and safety repairs is greater than 50% of its replacement value, as determined by the Chief Building Official, or is voluntarily razed or required by law to be razed, the structure shall not be restored except in full conformity with the standards for the zoning district in which the structure is located, and the nonconforming use shall not be resumed, except as provided below.
(a) Residential structures. Any nonconforming residential structure may be reconstructed or restored up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed, provided the rebuilt or restored development complies with all current design and property development standards, except off-street parking may be restored to the amounts prior to the damage or destruction. A building permit for the restoration shall be issued within two years from the date of destruction.
(D) Nonconforming signs. Lawfully established signs that do not conform to the requirements of this title may only be maintained in compliance with the requirements of Chapter 23.21.
(Ord. 4823, passed 1-22-24)