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August 9, 2013
<br /> 4205 Forest Lake Drive
<br /> Page 3 of 3
<br /> (c) Nonconforming structures.
<br /> (1) Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been
<br /> damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and
<br /> used as before if within 12 months after such calamity the property owner applies for a building permit
<br /> to replace the structure. If no permit is applied for within the time period then the whole structure shall
<br /> be demolished, and any construction thereafter shall be in full compliance and accordance with the
<br /> provisions of the Zoning Code.
<br /> (2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional
<br /> removal of all or portions of a lawful nonconforming structure. Whenever a lawful nonconforming
<br /> structure shall be destroyed by means other than fire, flood, explosion, earthquake, war, riot, or act of
<br /> God, to any extent then such structure may be restored only if a building permit is applied for within
<br /> 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the
<br /> structure shall be built in full compliance and accordance with the provisions of the Zoning Code.
<br /> (3) Expansion of nonconforming structures. No expansion of nonconforming structures shall be permitted
<br /> except as specifically listed and allowed herein:
<br /> a. Expansion of nonconforming single family residence structures. Lawful, nonconforming single
<br /> family residential structures may be expanded, provided:
<br /> 1. That the expansion does not increase the nonconformity, and complies with all height,
<br /> setback, hardcover and lot coverage requirements of the district in which it is located.
<br /> 2. That if the structure is nonconforming only with respect to substandard lot area or width for
<br /> the district in which it is located, the expansion shall meet all height, setback, hardcover
<br /> and lot coverage requirements of the district in which it is located.
<br /> 3. That in cases where the lot line setback of a structure is less than 50 percent of the
<br /> required setback for that zoning district, the city will require at a minimum that applicant
<br /> shall make up the discrepancy by enlarging the opposite required yard depth to result in an
<br /> aggregate yard depth equivalent to the combined required yard.
<br /> b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory
<br /> buildings may be expanded provided:
<br /> 1. That the expansion does not increase the nonconformity of the accessory building, and
<br /> complies with all height, setback, and hardcover and lot coverage requirements of the
<br /> district in which it is located.
<br /> 2. That if the accessory structure is nonconforming only with respect to substandard lot area
<br /> or width for the district in which it is located, the expansion shall meet all height, setback,
<br /> hardcover and lot coverage requirements of the district in which it is located.
<br /> 3. That in cases where an accessory structure encroaches upon the lot line setback, the city
<br /> will require at a minimum that the existing accessory structure shall be modified so that it
<br /> becomes completely conforming with respect to setbacks.
<br /> (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel
<br /> of land upon which the same was constructed at the time of this section's adoption unless such
<br /> movement shall bring the nonconformance into compliance with the requirements of the Zoning Code.
<br /> (5) Prior permit. Any proposed structure which wili, under this section, become nonconforming but for
<br /> which a building permit has been lawfully granted not more than six months prior to the effective date
<br /> of this section, may be completed in accordance with the approved plans; provided construction is
<br /> started within six months of the effective date of this section, and continues to completion within two
<br /> years. Such structure shall thereafter be a legally existing nonconforming structure.
<br /> (Ord. No. 33 3rd series, § 1, 2-27-2006; Ord. No. 85 3rd series, § 1, 2-14-2011)
<br /> Editor's note— Ord. No. 33 3rd series, § 1, adopted Feb. 27, 2006, repealed the former § 78-71, and
<br /> enacted a new § 78-71 as set out herein. The former § 78-71 pertained to nonconforming uses and derived
<br /> from Code 1984, § 10.03(5).
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