§ 151.232  NONCONFORMING STRUCTURES.
   (A)   Definition.  A nonconforming structure is any building or structure that was legally established but which no longer complies with any of the following:
      (1)   The density and dimensional standards of § 151.125; and
      (2)   The floodplain development standards of § 151.147.
   (B)   Use.  A nonconforming structure may be used for any use allowed in the underlying zoning district, subject to all applicable standards of §§ 151.110 through 151.114.
   (C)   Expansion. A nonconforming structure may be enlarged or expanded if the expansion does not increase the extent of nonconformity.
 
COMMENTARY:
All building alterations or additions that violate a zoning district dimensional standard shall be prohibited. This is interpreted, for example, to mean that no additions, including a second-story addition, will be allowed within a required setback, except as described in subsection (H)(2) below.
 
   (D)   Moving.  A nonconforming structure may be moved if the movement or relocation eliminates the nonconformity. This provision shall not be interpreted as prohibiting the elevation of a nonconforming structure for the purpose of floodproofing or repair.
   (E)   Loss of nonconforming status; damage or destruction. If a nonconforming structure is destroyed by disaster to the extent of more than 50% of the replacement cost of the structure located above the average ground elevation, it may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located, or in compliance with subsection (H) below.
      (1)   Replacement cost calculations will consist of the following process: 
         (a)   Submission of complete stamped engineering or architectural drawings showing an itemized list of all materials involved in the project (excluding open appliances);
         (b)   Submission of at least two contractor’s cost estimates based on the architectural drawings, consisting of labor and all materials. The Planning, Building and Development Director may waive the above submission requirement upon a determination that the extent of damage or destruction appears to be significantly below the 50% threshold based on available information.
   (F)   Nonconforming structures within floodplains.  The owner of a nonconforming structure that has been removed from a floodplain may apply for a permit to re-establish the structure outside the floodplain, provided that a permit application for the re-establishment is submitted within one year of the date that the structure was demolished. Once a permit has been approved, the structure must be reestablished before expiration of the permit.
   (G)   Accessory structures.  No structure that is accessory to a principal nonconforming structure shall continue after the principal structure has been destroyed by disaster to an extent of more than 50% of the replacement cost of the structure located above the average ground elevation, unless the accessory structure complies with all applicable regulations of this chapter.
   (H)   Nonconforming single family dwelling and accessory structures.
      (1)   A legal nonconforming single family dwelling or an accessory structure on a foundation may be restored if deteriorated, damaged, or destroyed to an extent greater than 50% of the replacement cost of the structure, provided that the following standards are met:
         (a)   The restored structure does not extend further into any required setback than the existing structure prior to improvement or rebuilding;
         (b)   The restored structure is located at least ten feet from the street lot line and at least four feet from the side and rear lot lines;
         (c)   Any proposed improvement unrelated to damage sustained from a disaster may exceed 50% of the replacement cost of the structure;
         (d)   Any proposed addition or expansion to the existing structure beyond a repair, remodel, or restoration must meet the setback requirement of the underlying zoning district or the setback requirement for a nonconforming lot, whichever applies; and
         (e)   If the structure is located in the floodplain and if the restoration constitutes “substantial improvement”, the entire structure shall be brought into conformance with the floodplain provisions of §§ 151.145 through 151.154.
      (2)   A legal nonconforming single family dwelling may be allowed a second story, provided the following standards are met:
         (a)   The second story does not extend further into any required setback than the existing structure;
         (b)   The existing structure is located at least ten feet from the street lot line and at least four feet from the side and rear lot lines;
         (c)   The structure complies with the maximum height requirement;
         (d)   If the proposed improvement constitutes “substantial improvement” (see § 151.271), the water’s edge setback requirement shall apply; or
         (e)   If the structure is located in the floodplain and if the improvement constitutes “substantial improvement” (see § 151.271), the entire structure shall be brought into conformance with the floodplain provisions of §§ 151.145 through 151.154.
   (I)   Nonconforming multi-dwelling structures.  A multi-dwelling structure that was legally established in accordance with all regulations in effect at the time of establishment shall not be deemed nonconforming solely due to the fact that it does not comply with the maximum density standards of this chapter. If such a structure is destroyed by disaster, it may be rebuilt, provided that the number of dwelling units does not exceed the number that existed prior to destruction or the maximum density limit of the subject zoning district, whichever is greater.
   (J)   Structures rendered nonconforming due to right-of-way acquisition.  If a structure has been rendered nonconforming or made more nonconforming by a public agency’s acquisition of a portion of the lot upon which the structure is located, the structure shall have the status of a legal nonconforming structure. If the structure consists of a single family dwelling and is subsequently destroyed by disaster, the owner of the single family dwelling may apply for a permit to reestablish the single family dwelling at the same location. Upon notice that the single family dwelling has been destroyed by disaster and that the owner wishes to reestablish the single family dwelling at the same location, the county shall inform the owner in writing that the permit application for the reestablishment shall be submitted within one year of the date of the notification letter. Once a permit has been approved, the single family dwelling must be reestablished before expiration of the permit. All other structures shall be subject to the nonconforming structure provisions of this subchapter.
   (K)   Structures rendered nonconforming due to consolidation.  If a structure is rendered nonconforming or made more nonconforming by consolidation of parcels required pursuant to this chapter, the structure shall have the status of a legal nonconforming structure.
   (L)   Structures rendered nonconforming due to rezoning action.  If a structure has been rendered nonconforming or made more nonconforming by a rezoning action, the structure shall have the status of a legal nonconforming structure.
(Ord., § 12.3, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019)