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2009.10.05 ORD 2009-434
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2009.10.05 ORD 2009-434
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10/26/2017 2:12:00 PM
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City Council
Document Type
Ordinances
Meeting Date
10/5/2009
Meeting Type
Regular
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and incidental alterations which do not extend or intensify the nonconforming building or <br />use. Normal maintenance shall not include substantial improvements. <br />(3) Nonconforming buildings and structures. <br />a. Restoration. No lawful nonconforming building or structure which has been damaged <br />by fire, explosion, act of God, or other peril, to the extent of greater than 50 percent of its <br />market value, as determined by the city building official, and for which no building <br />permit has been applied for within 180 days of when the property was damaged, shall be <br />restored, except in conformity with the regulations of this chapter. <br />b. Alterations. Alteration and normal maintenance to a lawful nonconforming building <br />or structure may be 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 <br />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. Administrative approvals. The following expansions of lawful nonconforming <br />building and structures may be approved: <br />(i) The community development director shall make a determination that <br />the building expansion will have not external negative impacts upon <br />adjacent properties or public rights-of-way. <br />(ii) Expansion of buildings found to be nonconforming only by reason of <br />height, yard setback, or lot coverage area may be permitted provided the <br />structural nonconformity is not increased and the expansion complies with <br />the performance standards of this chapter. <br />2. Conditional use permit. Lawful nonconforming commercial, industrial, public, <br />semipublic, and multiple -family or townhome structures may be expanded on the <br />same lot by conditional use permit provided: <br />(i) Expansion of buildings found to be nonconforming only by reason of <br />height, yard and setback or lot areas are exempt from requiring a <br />conditional use permit. <br />(ii) Except for the above, the expansion will not increase the <br />nonconformity of the building or site. <br />lel <br />
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