(a) Intent and purpose. The purpose of this section is to establish regulations pertaining to modifications to existing nonresidential buildings and structures and their associated on-site improvements which are nonconforming with respect to existing development standards and regulations. In general, it is the policy of the City to encourage the continued exterior upgrading and proper maintenance of nonconforming nonresidential buildings, and their associated parking areas and facilities. When a modification to a nonconforming nonresidential building is requested, the City shall require compliance with current development and zoning standards commensurate with the extent of improvements proposed to upgrade the building and/or property. This section establishes graduated improvement requirement for these buildings and properties, which are subject to the Design Review Requirements set forth in Article 18 of Title 9 of this Code.
(b) General. Except in residential zones and as permitted by State law, nonconforming nonresidential buildings or structures may be maintained subject to the following conditions:
(1) If any nonconforming building or structure is demolished or destroyed voluntarily, every building or structure occupying the property thereafter, and any uses of such buildings, structures, or premises shall conform to the current standards and requirements of the applicable zone.
(2) If any nonconforming building or structure is demolished or destroyed involuntarily by an explosion, flood, fire, tornado, hurricane or any other natural occurrence, any new building or structure on the premises may be constructed according to the zoning standards and requirements existing at the time the demolished structures were originally constructed.
(3) Nothing in this section prohibits or is intended to prohibit maintenance or repair to the exterior walls or roof of any nonconforming building, which work does not alter the building’s architectural design or enlarge the size of the structure.
(c) Exterior building upqrading. The addition of exterior architectural design features to existing nonconforming buildings and structures, with no expansion of the existing floor area of the building, is permitted subject only to the review and approval by the City of an Administrative Action (AA) pursuant to Section 9-4.2805 of this Code. To assure compliance with the City’s architectural design review guidelines, the following conditions shall be met as conditions of approval of an Administrative Action (AA):
(1) Existing nonconforming zoning aspects of the building and site improvements may be allowed to continue, but the degree of nonconformance shall not be increased;
(2) Any unpaved parking area in the site serving the building shall be paved and striped in accordance with the specifications of Article 24 of Title 9 of this Code (off-street parking);
(3) All corrective work must be undertaken to remove any existing deficiencies with respect to Title 8 of this Code (Building Regulations) which the Building Official and/or his/her designee finds may endanger public safety;
(4) Relief from full compliance with the provisions of Article 18 of Title 9 of this Code and the Architectural Design Guidelines referenced therein may be granted by the Community Development Director as determined necessary to achieve the general purpose of this chapter.
(d) Building additions and/or expansions.
(1) A one-time addition or expansion to a nonconforming building not to exceed the lesser of ten (10%) percent of the existing gross building floor area, or eight thousand (8,000) square feet, may be approved as a minor modification to the project’s entitlement by the Community Development Director. In approving said modification, the Director may waive full compliance with the Architectural Design Guidelines referenced in Article 18 of Title 9 of this Code. Furthermore, the following modified standards may be imposed by the Director on the modification request:
(i) Parking. The number of on-site parking spaces may be retained at the current parking ratio found on the property. Reductions to these pre-existing parking spaces may be made to facilitate new parking spaces for the physically challenged and to correct safety, landscaping and site visibility requirements. In addition, up to one hundred (100%) percent of the spaces may be compact spaces without the submittal of a special use permit.
(ii) New parking. The required number of parking spaces for the new building additions and/or expansions to a nonconforming building, may be reduced by ten (10%) percent from the parking requirements set forth in Section 9-4.2902 of this Code.
(iii) Building setback, yard area, landscaping. The existing building setback, yard area, and landscaping may be retained to accommodate building enlargement to the nonconforming building and may be reduced up to fifty (50%) percent from the applicable standards. If landscaping setback either existing or created would be three (3') feet in width or less, then a one hundred (100%) percent setback reduction could be granted, if such landscaping would be ineffective in the opinion of the Community Development Director.
(2) If the proposed addition and/or expansion to an existing nonconforming building or structure exceeds the lesser of ten (10%) percent of the total gross building floor area or eight thousand (8,000) square feet, the proposed addition and/or expansion shall comply with the currently adopted zoning standards and zoning requirements, by filing the applicable modification application to the project’s entitlement.
(§ 8162.2, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 1, Ord. 887-NS, eff. April 9, 1985, and § 5, Ord. 1230-NS, eff. April 18, 1995)