(A) Applicability. This section applies to non-conforming houses, garages and other buildings as defined in § 155.508 (Glossary). See § 155.424.030 (Non-Conforming Site Features) for rules that apply to other types of non-conforming structures.
(B) Permitted modifications.
(1) A non-conforming building may be repaired, modified or enlarged if the project does not increase or exacerbate the non- conforming aspect of the building. For example, a remodel of a home that exceeds the height standard, but that doesn’t increase the home’s height is allowed with a zoning clearance; no other Department permits are required.
(2) Unless otherwise allowed by this section, a project that increases or exacerbates the non-conforming aspect of a building requires either a minor modification or variance depending on the nature of the modification. For example, a remodel that increases the height of a home exceeding the maximum building height standard requires a minor modification or variance. See § 155.412 (Specific Permits and Approvals).
(C) Expansions of use. An increase in floor area occupied by a permitted use in a non-conforming building is allowed subject to the limitations in division (B) above.
(D) Established side setbacks for building additions. See § 155.204.030(E) (Established Side Setbacks for Building Additions).
(E) Damage, destruction and demolition.
(1) “Reconstruction” defined. RECONSTRUCTED or RECONSTRUCTION means rebuilding a damaged or destroyed building in a manner similar but not identical to the original structure. A reconstructed building generally recreates the original building footprint, mass and height, but may deviate from design details such as architectural design and the arrangement of doors, windows and rooflines.
(2) Involuntary damage and destruction. If a non- conforming building is damaged or destroyed by earthquake, fire, flood or other calamity, the building may be reconstructed and continued as a legal non-conforming building. Reconstruction of a single-family home is allowed with a zoning clearance. Design review is required for the reconstruction of a multi-family, mixed-use and commercial buildings.
(3) Voluntary demolition.
(a) If a non-conforming building, or a portion of a non-conforming building is demolished, whether as a result of involuntary damage or destruction, or voluntary demolition, the building may be reconstructed as shown in Table 424-1.
Table 424-1:
Permits Required to Reconstruct Demolished Non-conforming Buildings | |
Linear Footage of the Interior and Exterior Building Walls Demolished or Removed | Permit Required |
Less than 50% | By-right |
50% or more | MUP |
NOTES TO TABLE: Removal of roof, foundation or exterior sheathing is not included in demolition calculation. Interior wall coverings (such as sheet rock) are not considered walls. | |
(b) For reconstruction requiring a minor use permit, the Director may attach conditions of approval as necessary to protect public health, safety and welfare, including requirements to reduce or eliminate previously existing non-conformities.
(4) No new or increased non-conformities. Reconstruction of damaged, destroyed or voluntarily demolished buildings may not increase or exacerbate previously existing non-conformities or create new non-conformities.
(5) Design review and standards. Reconstructed non-residential, mixed-use and multi-family buildings require design review and must comply with the design standards in §§ 155.208.040 (Pedestrian-Focused Street Frontages) and 155.312 (Design Standards).
(6) Property line trespass. A reconstructed building may not trespass across a property line and may not extend over or be located within the public right-of-way.
(7) Timing of construction. The construction of the replacement building must begin within two years of the date the structure was damaged or destroyed.
(8) Buildings not reconstructed. If a damaged or destroyed non-conforming building is replaced with a new building that does not meet the definition of reconstruction, the new building must comply with all standards of the applicable zoning district or obtain a variance (§ 155.412.120) or minor modification (§ 155.412.070) depending on the nature of the deviations from applicable standards.
(F) Relocated buildings. A non-conforming building that is moved to a new location must conform to all standards of the applicable zoning district.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 938-C.S., passed 11-1-22)