Section 26-8

Other

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure in commercial/industrial districtZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2.

  Any development within a business (B) or industrial (M) zoning district conforming with the provisions of this ordinance regulating uses may be expanded, and the structures on-site expanded or structurally altered, without compliance with provisions of this ordinance pertaining to development standards, provided that: 1. All areas of expansion shall comply with the development standards in effect at the time of expansion; 2. Cumulative expansion of buildings within a business (B) district after January 24, 2001, shall not exceed one hundred (100) percent of the floor area without the site being brought into full compliance; and 3. All requirements of state and federal laws and regulations are met.

• Damage threshold for reconstruction of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure50 pct

  If a nonconforming structure has been demolished or damaged by any cause whatsoever to the extent of fifty (50) percent or more of the fair market value of the structure, exclusive of foundations, immediately prior to damage, the structure may not be repaired, reconstructed or restored except in conformity with the regulations of this ordinance.

• Restoration time after natural disaster4 years

  Where the nonconforming structure was damaged or destroyed by a natural disaster or other act of God and the nonconforming structure is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, the owner completes all necessary repair, reconstruction or replacement work within four years of the date of the natural disaster or other act of God. Where the area is not under a federal disaster declaration or the building has not been damaged or destroyed as a direct result of the conditions that gave rise to a federal disaster declaration, the owner shall complete all necessary repair, reconstruction or replacement work within two years of the date of the natural disaster or other act of God.

• Time to repair or reconstruct after damage less than 50%12 months

  If a building is damaged by less than fifty (50) percent of the fair market value, exclusive of foundations, it may be repaired, reconstructed or restored to its condition prior to the time of damage, provided that such repairs or reconstruction are substantially completed within twelve (12) months of the date of such damage.

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure in residential districtZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2.

  A nonconforming structure in a residential district may not be physically enlarged or expanded unless the area of enlargement or expansion complies with the regulations for the zoning district in which it is located or the enlargement or expansion will result in the structure meeting current regulations.