Title 18 - Unified Development Ordinance

18.410.070 Nonconforming Site Improvements

1. A.
   On lots with nonconforming site improvements, no additions to, or repairs or renovations of, any structure or site improvement may be made without first either bringing the nonconforming site improvements into complete conformity with the regulations applicable to the zoning district in which the lot is located or obtaining a nonconforming situation permit pursuant to this section. Provided, however, that this section shall not apply to the following circumstances:

   1. 1.
      Repairs or restoration of a structure pursuant to subsection B of Section 18.410.050; or
   2. 2.
      Minor repairs or renovation of a structure or site improvement.
2. B.
   For purposes of this section, ”minor repairs or renovation” shall mean repairs or renovation costs which do not exceed 10% of the structural value of a structure or site improvement.
3. C.
   When an addition to, or repairs or renovation of, any structure or site improvement is proposed on a lot with a nonconforming site improvement(s), the Board of Zoning Appeals (in the case of a conventional zoning district) or the Planning Commission (in the case of a planned zoning district) may approve a nonconforming situation permit allowing such addition or repairs or renovation if it finds that:

   1. 1.
      The nonconforming site improvement(s) is the only nonconforming situation pertaining to the property.
   2. 2.
      Compliance with the site improvement requirements applicable to the zoning district in which the property is located is not reasonably possible.
   3. 3.
      The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.
4. D.
   For purposes of subsection C, mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements is not reasonably possible.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901