Ordinance 2095-95 - Laserfiche WebLink

• C. Demolition of Nonconforming Structures. Following the abatement or voluntary demolition of a nonconforming structure,any new construction shall be in conformance with the Zoning Code, except in the following circumstances: 1. A single-family dwelling which is nonconforming in setbacks or lot coverage may be voluntarily removed or demolished and replaced by a new single-family dwelling which has the same nonconforming setbacks or lot coverage as the prior nonconforming dwelling; provided that the nonconformity is not increased,that the new dwelling meets all current Building Code requirements, and that the nonconformity of the dwelling is certified by the Planning Department. 2. A detached accessory structure which is accessory to a single-family dwelling or duplex that has nonconforming setbacks may be demolished and a new accessory structure may be built in the same location; provided that the new accessory structure does not exceed twenty-one feet in height, meets current Building Code requirements, and that the location of the nonconforming accessory structure is certified by the Planning Department. Section 5. Section 38.050 of Ordinance#1671-89 (EMC 19.38.050), which reads: Nonconforming buildings and structures. A. Alteration or Modification. 1. Additions to a nonconforming building which do not increase the nonconformity shall be permitted. 2. Maintenance and minor repairs of such a nonconforming building shall be permitted; provided,that such work does not increase the nonconformity of the building. 3. Where a nonconforming building does not meet the height or setback requirements, an addition to the building may have the same setback and height as the existing building within the existing building footprint. B. Damage or Destruction. 1. Except as provided in Subsection 3 of this Paragraph, if a nonconforming structure is destroyed to any extent by fire or other casualty not intentionally caused by the owner, the structure may be rebuilt; provided,however,that the number of dwelling units(if residential units existed in the structure),gross floor area of the structure and major exterior dimensions of the structure shall not exceed the same dimensions or standards of the previous structure. This provision shall not reduce any requirements of the building or fire codes in effect when such structure may be rebuilt. 2. The provisions of this section shall only be available if an application for a building permit is filed within twelve months of such fire or other casualty and construction is commenced and completed in conformance with the provisions of the building code then in effect.