§ 118-203. Existing lawful nonconforming single-family dwellings and its accessory structures.

Under this chapter, any existing lawful nonconforming single-family dwelling and its accessory structure(s) which was legally established prior to the effective date of this chapter, or which was legally established prior to the effective date of an amendment to this chapter, or which has been rendered nonconforming due to circumstances which were not self-created, may be altered, maintained, restored, relocated or continued, subject to the following:

(1)

Alterations. A lawful nonconforming single-family dwelling and its accessory structure shall not be enlarged, replaced, or altered in a way which increases its nonconformity (unless a variance is obtained), but any single-family dwelling and its accessory structure or portion thereof may be altered to decrease its nonconformity. A lawful nonconforming single-family dwelling and its accessory structure may be restored to a safe condition if declared unsafe by the administrative official or other official with jurisdiction.

(2)

Maintenance. A lawful nonconforming single-family dwelling and its accessory structure may undergo normal maintenance and repair, including repair of plumbing, electrical systems, structural members, changing of partitions and other interior alterations. However, no such alteration shall have the effect of increasing the nonconformity, or expanding a nonconforming use, nor shall the floor area of such building or accessory structure be increased within the area of nonconformity, except in accordance with the requirements of this chapter.

(3)

Restoration ("build-back provision"). If a lawful nonconforming single-family dwelling or its accessory structure is damaged or destroyed by an Act of God, or by any means not in the control of the owner thereof, said single-family dwelling or its accessory structure may be rebuilt only after the issuance of a permit from the planning and zoning department. Damage or destruction resulting from lack of maintenance, dry rot or termite infestation is considered, for purposes of this article, to be within the control of the owner and not an Act of God. If there is doubt concerning the cause of damage or destruction, the city planner shall request an interpretation by the planning and zoning board, which may consider expert advice on the matter. A building permit for reconstruction of such single-family dwelling or accessory structure must be applied for no later than 180 days from the date of the destruction. In the issuance of the permit, the following standards shall apply:

a.

If the single-family dwelling or accessory structure can be rebuilt on the same lot and meet all setback requirements, it shall be so rebuilt.

b.

If the single-family dwelling or accessory structure cannot be rebuilt at the same size (i.e., ground floor area) in accordance with the minimum standards of the district in which it is located, then it shall be placed on the lot in as conforming a manner as possible and a variance must be obtained to the extent of any nonconformity.

c.

A lawful nonconforming building or structure shall not be rebuilt in a manner which increases its nonconformity, unless a variance is obtained.

d.

Construction must commence within one year from the date of destruction.

(4)

Construction approved prior to adoption or amendment of chapter. Proposed single-family dwellings or its accessory structures for which building permits have been issued prior to their designation as nonconforming by the adoption of the ordinance from which this chapter or amendment of this chapter derives may be completed and used as originally intended, provided they are complete and in use within one year from the date the permit was issued and shall thereafter be considered a lawful nonconforming single-family dwelling or attendant accessory structure subject to the provisions of this article.

(5)

Discontinuance. A nonconforming accessory structure attendant to a single-family dwelling shall be eliminated within 180 days, unless a building permit is applied for as provided in subparagraph (3) above, of the termination by abandonment, damage, destruction, or cessation of use of the single-family dwelling unless such accessory structure thereafter is made to conform to the standards for the zoning district in which it is located. No nonconforming accessory structure shall become or replace any terminated nonconforming single-family dwelling.

(6)

Relocation. A nonconforming single-family dwelling or its accessory structure shall not be moved in whole or in part to any other location within the city unless every portion of such single-family dwelling or its accessory structure and the use thereof is made to conform with all requirements of this chapter and applicable ordinances.

(7)

Pre-existing structures with prior approvals ("grandfather clause"). Subject to section 118-209, nonconforming single-family dwellings and its accessory structures, for reasons other than use which are legally nonconforming, which have been issued a building permit prior to the effective date of this article by the city shall be permitted under the conditions of said permit and shall be considered a lawful nonconforming single-family dwelling and accessory structure subject to this article.

(Ord. No. 03-17, § 2, 7-10-03)