(A) Applicability. This division applies to non-conforming houses, garages, and other buildings as defined in § 155.508 (Defined Terms). 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); calculation of the percent deviation for purposes of qualifying for a minor modification is based on the proposed incremental increase in non-conformity. For example, if a maximum permitted height is 30 feet, and a non-conforming building is 35 feet tall, up to three additional feet (10% of 30 feet) may be allowed with a minor modification, allowing the building height to be increased to 38 feet.
(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 (Permitted Modifications).
(D) Established side setbacks for building additions. See § 155.204.030(G) (Established Side Setbacks for Building Additions).
(E) Demolition and reconstruction.
(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) 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.
Linear Footage of the Interior and Exterior Building Walls Demolished or Removed | Permit Required |
Less than 50% | By-right |
50% or more | MUP |
Note: 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.
(3) 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.
(4) Design review. Design review is required for 50% or more reconstruction of a building under the same circumstances as is required for a new building pursuant to § 155.412.040(B) (When Required) and § 155.412.040(C) (Exemptions).
(5) Design standards. Reconstructed non-residential, mixed-use, and multi-family buildings must comply with the design standards in § 155.208.040 (Pedestrian-Focused Street Frontages), and § 155.312 (Design Standards), as applicable.
(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 (§ 155.412.140) 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; Am. Ord. 951-C.S., passed 10-17-23)