Ordinance 2095-95 - Laserfiche WebLink

• 3. Except as provided in Section 38.100,nonconforming nonresidential buildings located in residential zones which are damaged beyond fifty percent of the value of the building, as determined by the building official, shall not be allowed to be rebuilt. 4. Nonconforming residential buildings which are damaged or destroyed may be reconstructed on the original building foundation. If the building had no permanent foundation and the location of the nonconforming building which has been destroyed cannot be verified by the planning department,any new construction shall be in conformance with the zoning code. C. Abatement or Voluntary Demolition of Nonconforming Buildings. Following the abatement or voluntary demolition of a nonconforming building,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 setbacks or lot coverage as the prior nonconforming dwelling provided that the nonconformity is not increased and 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 garage which is accessory to a single-family dwelling or duplex and that has nonconforming setbacks may be removed and a new garage may be built in the same location, provided that the new garage does not exceed twenty-one feet in height,meets current Building Code requirements, and that the location of the nonconforming garage is certified by the planning department. D. Expansion of a Nonconforming Building. 1. Residential Building. Expansion of a nonconforming residential building may be allowed using Review Process IV for variances,provided that the evaluation criteria required for approval of variances, described in Chapter 41 of this title are satisfied. Expansion of a single-family dwelling which is nonconforming in setback may be approved by the planning director using Review Process II.B,provided that the expansion does not make the setback more nonconforming, and that the expansion complies with all other requirements of this chapter. 2. Nonresidential Buildings. Expansion of a nonconforming nonresidential building shall be reviewed using Review Process III.B. The evaluation criteria which shall be considered during the review of the proposed expansion are contained in subsection 38.090A of this chapter. E. Historic Buildings. See Section 33.090 of this title. is hereby amended to read: Historic Buildings. See Section 33.090 of the Zoning Code.