Title 18 - Unified Development Ordinance

 

18.410 Nonconforming Situations and Vested Rights

18.410.050 Repair, Maintenance and Restoration

  1. A.
    Minor repairs to and routine maintenance of structures where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than 50% of the fair market value of the structure to be renovated, shall not be permitted.
  2. B.
    If a structure located on a lot where a nonconforming situation exists is damaged by fire, explosion, act of God, or the public enemy to an extent that the costs of repair or restoration would not exceed 50% of its fair market value, then the damaged structure may be repaired or restored only in accordance with a nonconforming situation permit issued by the Code Administrator pursuant to this section. This subsection does not apply to structures used for one-family dwellings, which structures may be reconstructed pursuant to a building permit just as they may be enlarged or replaced as provided by subsection E of Section 18.410.040, except as otherwise provided in 18.360 (Floodplain Management Ordinance).
  3. C.
    Any repairs, renovation or restoration of a structure pursuant to this section which would require the issuance of any permit under Title 16 of the code shall also require the issuance of a nonconforming situation permit by the Code Administrator. In support of the application for such permit, the applicant shall submit such information as may be required to satisfy the Code Administrator that the cost of the proposed repairs, renovation or restoration would not exceed 50% of the fair market value of the structure.
  4. D.
    For purposes of this Chapter:
    1. 1.
      The ”cost” of renovation or repair or restoration shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair or restoration.
    2. 2.
      The ”cost” of renovation or repair or restoration shall mean the total cost of all such intended work, and no person may seek to avoid the intent of this Chapter by doing such work incrementally.

(History: Ord. ZRR-2450 §19, 2003; ZRR-1725; ZRR-1637; ZRR-889 §18.44)

Effective on: 1/1/1901