§ 47-3.6. Change in structure.

A.

Generally. Changes to a nonconforming structure or to a structure which contains a nonconforming use shall be made subject to the following:

1.

Alterations. Alterations in the supporting members of a building or structure such as load bearing wall, columns, beam or girders shall not be permitted unless required to be made to assure the safety of the building as determined by the city building official. All other alterations, which may include but are not limited to, movement or replacement of non-load-bearing walls or addition of ornamental features, shall be permitted if constructed in accordance with the ULDR.

B.

Damage, destruction or removal of structure.

1.

When a building or structure which contains a nonconforming use or when a nonconforming structure is damaged or destroyed by fire, explosion, other casualty or public enemy or act of God by not more than fifty percent (50%) of its replacement value or not more than fifty percent (50%) of the total gross floor area of the building or not more than fifty percent (50%) of the total area of the structure, the building or structure may be restored to the condition it was in prior to the damage.

2.

When a building or structure is removed or destroyed by other than an act of God or public enemy by not more than fifty percent (50%) of its replacement value or not more than fifty percent (50%) of the total gross floor area of the building or not more than fifty percent (50%) of the total area of the structure, that portion of the building or structure to be restored must be in compliance with the ULDR.

3.

If more than fifty percent (50%) of the total gross floor area of the building or more than fifty percent (50%) of a structure or more than fifty percent (50%) of its replacement value is damaged, destroyed or removed for any reason the entire building, structure or use thereof shall be required to meet the ULDR.

C.

Exception to subsections A and B. A nonconforming structure in an historic district or designated as an historic landmark, may be replaced, altered or an addition made if it meets the following criteria and is approved as part of the issuance of a certificate of appropriateness as provided in Sec. 47-24.11.C:

1.

The original exterior elevations and materials of a structure are maintained; or proposed exterior elevations and material types of a structure are restored to be compatible with its historic character, according to the guidelines provided by Sec. 47-24.11.

2.

The alteration, replacement or addition will support the continuation of a structure which is determined to be in character with the original historic designation.

D.

Repair and maintenance. For any nonconforming structure or portion of a nonconforming structure, or any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing or other parts of the structure provided that no changes are made to any supporting members of a building such as load bearing walls columns, beams or girders, unless required to be made to assure the safety of the building as determined by the city building official, and provided that the square footage of floor area and the cubic footage of the nonconforming portion of the structure shall not be increased.

(Ord. No. C-97-19, § 1(47-3.5), 6-18-97; Ord. No. C-99-14, § 1, 3-16-99)