A. Single-Family Residential Developments: Except as otherwise provided by applicable local, state or federal law, any alteration to a nonconforming building in a single-family development shall conform to the following requirements:
1. Remodels: A maximum of fifty percent (50%) of the combined area of all the exterior walls and roof of a legally nonconforming building or structure may be replaced or reconstructed in any five (5) year period. For the purpose of this section, roof area shall be calculated as the horizontal area covering the floor area. If more than fifty percent (50%) of the combined area of all the exterior walls and roof are replaced or reconstructed, then the building shall be treated as a newly constructed building for the purposes of this chapter and shall be reconstructed so that the entire building conforms with the development standards of this chapter. For the purpose of this section, a portion of a wall or roof is considered replaced or reconstructed when the framing has been replaced or reconstructed.
2. Additions: Nothing in this section shall restrict the construction of an addition to a legally nonconforming building provided that such addition complies with the requirements of this chapter.
B. All Development Other Than Single-Family Residential Development: Except as otherwise provided by applicable local, state or federal law, any alteration to a legally nonconforming building in any development other than a single-family development shall conform to the following requirements:
1. Remodels: If, within a five (5) year period, a nonconforming building is altered, renovated, repaired, or remodeled, and the cumulative cost of such alteration, renovation, repair or remodel equals or exceeds fifty percent (50%) of the replacement cost of the building, then the building shall be treated as a newly constructed building for the purposes of this chapter and shall be reconstructed so that the entire building conforms with the development standards of this chapter.
a. Calculation Of Costs: The building official shall calculate the cost of replacement as well as the cost of alterations, renovations, repairs and remodels. When the building official determines that such calculation requires a degree of specialized knowledge, skill, or experience beyond that possessed by any employee of the city, or when there are differences of opinions between city staff and the project applicant with respect to such calculation, the building official may employ an independent, third party consultant or consultants to calculate the replacement cost or the cost of alterations, renovations, repairs or remodels. The project applicant or the property owner, or their respective agent(s), shall pay to the city all direct and indirect costs incurred by the city to retain said consultants and shall maintain a cash deposit with the city at all times in an amount sufficient to cover such costs.
2. Additions: Nothing in this section shall restrict the construction of an addition to a legally nonconforming building provided that such addition complies with the requirements of this chapter.
C. Exception For Life Safety Repairs/Upgrades: The provisions of this article shall not apply to any repairs or upgrades, regardless of whether those repairs or upgrades exceed the fifty percent (50%) threshold set forth in subsections A and B of this section, which the building official determines are necessary, for safety reasons, to bring the nonconforming structure into compliance with the requirements of title 9 of this code or any applicable governmental regulations. (Ord. 96-O-2272, eff. 1-9-1997; amd. Ord. 06-O-2498, eff. 3-24-2006)