Laserfiche WebLink
<br /> <br /> <br /> Created: 2025-05-22 16:40:51 [EST] <br />(Supp. No. 36) <br /> <br />Page 49 of 198 <br />f. Maintenance of a building or other structure containing or used by a nonconforming use will be <br />permitted when it includes necessary nonstructural repair and incidental alterations which do <br />not extend or intensify the nonconforming building or use. Normal maintenance shall not include <br />substantial improvements. <br />(3) Nonconforming buildings and structures. <br />a. No lawful nonconforming building or structure which has been damaged by fire, explosion, act of <br />God, or other peril, to the extent of greater than 50 percent of its market value, as determined by <br />the city building official, and for which no building permit has been applied for within 180 days of <br />when the property was damaged, shall be restored, except in conformity with the regulations of <br />this chapter. <br />b. Alteration and normal maintenance to a lawful nonconforming building or structure may be <br />made provided: <br />1. The alterations do not expand the building size. <br />2. The alterations do not change the building occupancy capacity or parking demand. <br />3. The alteration does not increase the nonconformity of the building or the use. <br />c. Expansion of nonconforming buildings or structures. <br />1. The following expansions of lawful nonconforming building and structures may be <br />approved: <br />i. The community development director shall make a determination that the <br />building expansion will have not external negative impacts upon adjacent <br />properties or public rights-of-way. <br />ii. Expansion of buildings found to be nonconforming only by reason of height, <br />yard setback, or lot coverage area may be permitted provided the structural <br />nonconformity is not increased and the expansion complies with the <br />performance standards of this chapter. <br />2. Lawful nonconforming commercial, industrial, public, semipublic, and multiple-family or <br />townhome structures may be expanded on the same lot by conditional use permit <br />provided: <br />i. Expansion of buildings found to be nonconforming only by reason of height, <br />yard and setback or lot areas are exempt from requiring a conditional use <br />permit. <br />ii. Except for the above, the expansion will not increase the nonconformity of the <br />building or site. <br />iii. The new building expansion will conform with all the applicable performance <br />standards of this chapter. A conditional use permit shall not be issued under <br />this subsection for a deviation from other requirements of this chapter unless <br />variances are also approved. <br />iv. The request for conditional use permit shall be evaluated based on standards <br />and criteria set forth in this chapter. <br />(4) Nonconforming lots. <br />a. Vacant or redeveloped lots.