Property Information - Laserfiche WebLink

Home Browse Search

DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 3 of 6 (3) Expansion of nonconforming structures. No expansion of nonconforming structures shall be permitted except as specifically listed and allowed herein: a. Expansion of nonconforming single family residence structures. Lawful, nonconforming single family residential structures may be expanded, provided: 1 That the expansion does not increase the nonconformity, and complies with all height, setback, hardcover and lot coverage requirements of the district in which it is located. 2. That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1 That the expansion does not increase the nonconformity of the accessory building, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback, the city will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the Zoning Code. (5) Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this section, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure. (Ord. No. 33 3rd series, § 1, 2-27-2006; Ord. No. 85 3rd series, § 1, 2-142011) Editor's note— Ord. No. 33 3rd series, § 1, adopted Feb. 27, 2006, repealed the former& 78-71, and enacted a new 78-71 as set out herein. The former§ 78-71 pertained to nonconforming uses and derived from Code 1984, § 10.03(5). Sec. 78-72. - Lots of record. ' (a) http://library.municode.com/HTML/1 3094/level4/TITVILAUS_CH78ZORE_ARTIIADE... 11/1/2012