§ 1500-13-040. Nonconforming Structures

A.

Maintenance. Maintenance, non-structural repairs and non-structural interior alterations are permitted to a nonconforming structure as long as the changes and improvements do not enlarge or expand the structure.

B.

Expansion of Nonconforming Structure. The alteration, enlargement or expansion of a nonconforming structure shall require approval of a Use Permit subject to the determination that the altered, enlarged or expanded structure will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the surrounding area.

C.

Damaged and Destroyed Nonconforming Structure. A structure that is damaged or partially destroyed by fire, explosion, natural disaster or other calamity may be restored or rebuilt subject to consistency with the following:

1.

The cost of repairs or reconstruction shall not exceed 50 percent of structure's value at the time of damage as determined by the Building Division;

2.

The repaired or reconstructed structure shall not increase the degree of nonconformity in regards to height, floor area, encroachment into setbacks and other property characteristics;

3.

The repairs or reconstruction shall conform to all applicable Building Code requirements; and

4.

A building permit shall be obtained for the repairs or reconstruction within two years after the date of the damage or destruction.

If the cost of repairs or reconstruction exceeds 50 percent of the structure's value at the time of damage, the structure may be rebuilt/restored subject to approval of a Use Permit.