Section 36.510

Other

• Accidental fire rights

  Owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God.

• Compliance with Uniform Statewide Building Code

  Any such building or structure may be brought into compliance with the Uniform Statewide Building Code without affecting the nonconforming status of the building or structure.

• Definition of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. building

  A nonconforming building or structure shall include those circumstances where the county has issued a building permit or other permit authorizing construction and the building or structure was constructed in accordance with the building permit, and upon completion, the County issued a certificate of occupancy; or the owner of the building or structure has paid real estate taxes to the County for such building or structure for a period of more than the previous 15 years.

• Extension for federal disaster4 years

  The time period shall be extended to four years for buildings in an area under a federal disaster declaration.

• Extension or enlargement must conform

  A nonconforming structure or use to be extended or enlarged shall conform with the provisions of this Ordinance.

• Replacement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. mobile homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site.

  If a nonconforming mobile home is removed other than by natural disaster or public action, it may not be replaced except as provided for below unless it complies with regulations within the Ordinance. Nothing in this section shall be construed to prevent the landowner or homeowner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD Manufactured Housing Code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD Manufactured Housing Code. Any such replacement home shall retain the valid nonconforming status of the prior home.

• Oral statement from authorized official

  A nonconforming building or structure shall include those circumstances where a permit was not required and an authorized governmental official informed the property owner that the structure would comply with the Zoning and Subdivision Ordinance; and the improvements were then constructed accordingly.

• Repair, rebuild, or replace after damage

  If a nonconforming building or structure is damaged or destroyed, even if 50 percent or greater, by fire, natural disaster or other act of God, such building or structure may be repaired, rebuilt or replaced provided that the nonconforming features are eliminated or reduced to the extent possible, without the need to obtain a variance; the owner shall apply for a building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code; the requirements of the floodplain management regulations in the County Code are met; and the work is done within two years unless the building is in an area under a federal disaster declaration and was damage or destroyed as a direct result of the disaster, in which case the time period shall be extended to four years.

• Time period for repair after damage2 years

  The work is done within two years unless the building is in an area under a federal disaster declaration and was damage or destroyed as a direct result of the disaster, in which case the time period shall be extended to four years.